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1.

JOHANNESBURG
Monday [April 11, 1910]

S ENT TO DELAGOA BAY

Mr. Achary and 37 other satyagrahis were sent from Pretoria to


Delagoa Bay on Saturday. Six of them were certainly not satyagrahis.
I cannot say whether they have become so by now. All of them who
bear Tamil names are satyagrahis. Thus, the Tamils have been keeping
the flag of satyagraha flying. I have given the Tamil names in the
English section1 and therefore do not give them here.

S HIPS R EFUSE

I reported in the English section2 last week that some ships had
refused to carry those persons who have been deported. I cannot say
how far the report is true. But it appears that they have failed to get a
ship so far. If India exerts sufficient pressure, no ship will dare carry
the deportees. There is strong reason to believe that those who have
been deported this time will rouse the whole of India to protest.

C HETTIAR 3

[He] was today ordered to be deported and was taken to gaol.


Mr. Chettiar is about 55 years of age. He suffers from a chronic
ailment, and yet he is facing deportation with the utmost courage. He
is to be deported to Natal, from where he will return immediately.

OTHER ARRESTS

Mr. Chinan Diala4 and Selmar Pillay were arrested and they, too,
have been ordered to be deported.

1
Vide “From ‘Transvaal Notes’ ”, 12-4-1910
2
Vide “From ‘Transvaal Notes’ ”, 4-4-1910
3
V. A. Chettiar, respected old Chairman of the Tamil Benefit Society, who
had been arrested on April 5. Vide “Transvaal Notes”, Indian Opinion, 9-4-1910.
4
Vide, however, “Transvaal Notes”, Indian Opinion, 16-4-1910, where the
name given is Anandi Alvar.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 1


KARODIA

The case against the two Karodias1 has been withdrawn. One of
them was charged with using a false permit and the other with making
a false affidavit.
The police had spared no pains in preparing for this case. They
had called the Immigration Officer at Durban, Mr. Moosa Hajee
Adam and others as witnesses; however, the case was withdrawn at the
last moment.
The fact is that some Indians, out of spite, had made an affidavit
and also induced someone else to make another against the two
brothers. Later they felt sorry for what they had done. They found it
very difficult to prove, their statements, for there was ample evidence
to show that Mr. Karodia had lived in Johannesburg before the War. I
think the Government withdrew the cases in order to protect the
persons who had given the affidavits.
Mr. Karodia does not intend to leave the matter here, but will
approach the Attorney General for relief in order to make an example
of the men concerned and prevent similar things from happening to
other prominent persons.
WHETHER C OLOURED P ERSONS C AN S TAY
In Johannesburg, many title-deeds contain a provision to the
effect that the landowners cannot permit Asiatics or Coloured persons
other than servants to stay on their lands. This is so in Norwood [also].
A certain white bought a stand there. Later, he discovered that at
several places there were Coloured persons staying. He filed a suit
against the company to have his tite-deed nullified on this ground.
The magistrate decided against the company. The case was taken
higher up. The Supreme Court has now ruled that, notwithstanding the
provision in the title-deeds, the company cannot be held responsible.
The owner of a stand can, if he chooses, file a suit against any person
who permits Coloured persons to stay [on the stand]. Accordingly, the
Coloureds will stay where they are, for the present at least. We must
now wait till there is another suit; its outcome is anybody’s guess. The
saying, “having survived a moment of danger, we may live to be a
hundred years”, might come true in this case.
1
Messrs Karodia Brothers, well-known Indian merchants of Johannesburg;
vide “Letter to Attorney General”, 14-4-1910

2 THE COLLECTED WORKS OF MAHATMA GANDHI


LORD S ELBORNE
The miners gave a dinner to Lord Selborne. Speaking on the
occasion, he gave a warning to the whites that, if they were not careful
and persisted in their unjust treatment of the Cape Coloureds, the
consequences would be unhappy. Men would arise from among them
who would becomeleaders of the Kaffirs. Lord Selborne thought that
this was the biggest problem facing South Africa.
These views call for some comment. It does not appear that in
saying this Lord Selborne was actuated by concern for the welfare of
the Coloured people; he said it only because he feared the emergence
of a leader from among them. Their sincere well-wishers, however,
should welcome the rise of such leaders—the more the better—and
encourage them.
R AILWAY R EGULATIONS
The General Manager, the Assistant Manager, Mr. Bell, Mr. Cac-
halia and Mr. Gandhi met today. After a discussion lasting nearly an
hour and a half, the draft which the Association had forwarded was
accepted with some modifications.1 The General Manager stated that
he would recommend to the Railway Board the withdrawal of the Reg-
ulations which had been promulgated and that [new] regulations
would be framed in terms of the draft as approved by him. According
to the draft-agreement, there will be no discrimination in law on the
gro-und of colour. The existing provision that Indians can travel only
in the third class will be deleted and the former position will be
restored.
C AUTION TO INDIANS
This will be a welcome change, no doubt. That it has come
about shows that the Indian community is not to be trifled with. But
the Indian community’s responsibility will also increase. There will, of
course, be no difficulty if we bear ourselves with dignity; should we,
however, forget ourselves, difficulties will certainly arise and
discriminatory regulations will be introduced.
S HOP HOURS R EGULATIONS
These Regulations are again to be modified. The most important
change will be that European hotels will be allowed to remain open up

1
Vide Appendix “Letter from General Manager, C.S.A.R., to Gandhiji”,
11-4-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 3


to 12 midnight, whereas Asiatic hotels will have to close at 6 p.m. I do
not see that we can do much to protest against this discrimination; all
the same, the Association has written1 to the Colonial Secretary about
it.
R OW AMONG KANAMIAS
Kanamia friends had their fill of fighting. They went at one
2

another on a public road, a large number of whites watching the


scene. Three of them sustained serious injuries. The brawlers got a
bad name, and the Indian community as well, to some extent. Fighting
has brought no benefit to eitherparty. Benefit there will be only for
the Government and lawyers. Both the sides have engaged lawyers and
it seems, from the way they talk, that money will be spent like water.
The story that has been circulated by newspapers is that this was
a dispute between satyagrahis and their opponents. Mr. Cachalia has
therefore addressed a letter 3 to newspapers, pointing out that the
quarrel had nothing to do whatever with satyagraha.
I wish to say a few words to the Kanamias. I know, and everyone
knows, that they are strong of arms; they are making a big mistake,
however, if they imagine that such brawls add to their reputation. The
reason for the quarrel is of no account. I am not interested in finding
out who is to blame. I only know that the fighting has helped neither
side. However, those who are in love with physical strength and want
occasions for its use would do well to employ it, not for purposes of
revenge but in defence of others.
Moreover, those who would fight, must fight it out to the last, be
the end death or victory. To start a fight and then go to a court of law
is cowardice twice over. To use violence against anyone is cowardly
enough, but going to a court is much worse. If a man, after having
fought, goes to a court, he will prove himself fit for nothing.
Duelling survives to this day in all parts of Europe, except
England. The idea behind it is that two persons actually fight with
each other in order to prove himself in the right and the one who is
defeated is considered to have lost his point. It is not open to these
persons to go to a court of law [subsequently]. I must admit that, from
the point of view of those who approve of violence, this is an excellent

1
Vide “Letter to Colonial Secretary”, 12-4-1910
2
Muslims from Kaman, in Central Gujarat
3
Vide “Letter to the Press”, 8-4-1910

4 THE COLLECTED WORKS OF MAHATMA GANDHI


practice.
But those who know that it is better to die than to kill, they know
best; they have conquered all. This is the Indian way.
[From Gujarati]
Indian Opinion, 16-4-1910

2. FROM “TRANSVAAL NOTES”


Tuesday [April 12,1910]
The following were transferred to Delagoa Bay on Saturday, the
9th instant:1 Messrs Veera Pillay, S. Manikam, N. G. Pillay, N. K.
Pillay, Govinda Chetty, Joe Chinanan, Mootu Moonian, David
Solomon, Moonosamy Paul, Moonosamy Chellen, Nurisumu Appen,
Tommy Govindasamy, Letckey, Abhie Naidoo, John Edward, T. A. S.
Achary, C. Narainsamy, R. C. Peter, L. Morgan, Chella Pather, R.
Moonosamy, JohnLazarus, David Marrian, Francis Baker, Albert
Baker, K. Chinasamy Pillay, H. V. Jackson, M. Jimmey, E. M. David,
L. Govindasamy, D. Arumugam, Willie Lazarus, S. Moonosamy,
Veerasamy Naidoo, Goolam Mahomed, Jiram Vallab, Noor Ali, and
Rathanjee Ranchhod. Of these I am not sure that the last four are
passive resisters, but they may have become such after coming into
contact with the fine body of men in the Pretoria Police Barracks.
Indian Opinion, 16-4-1910

3. LETTER TO DIRECTOR OF PRISONS2


[JOHANNESBURG ,]
April 12, 1910
SIR,
I have the honour to acknowledge the receipt of your letter No.
1459/10/247 of the 9th instant regarding the general treatment of
Indian passive resisters in prison.
The submission of my Association is that the selection of Diepk-
loof Prison where alone the limitation of three months as regards
visitors and letters prevails, is deemed by the Asiatic communities to
show an intention to impose hardships additional to those warranted
by the punishment awarded by the Magistrates to passive resisters.
1
Vide the preceding item.
2
This letter, presumably drafted by Gandhiji, was signed by E. I. Aswat,
Acting Chairman, British Indian Association.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 5


With reference to the omission of ghee from the Indian dietary,
my Association is aware that the Prison Governors have chosen the
present scale. The fact, however, stands that the revision of the scale
has resulted in the deprivation of an article of diet which was given to
Indian prisoners in most of the prisons of the Transvaal, and which is
an article especially needed by British Indians. In the humble opinion
of my Association, the Prison Governors have taken no note of
idiosyncrasies in deciding upon the revised scale.
Indian Opinion, 16-4-1910

4. LETTER TO GENERAL MANAGER, C.S.A.R.


JOHANNESBURG ,
April 12, 1910
SIR,
On behalf of Mr. Cachalia and myself, I beg to thank you for
your letter 1 of the 11th instant, containing a summary of [the]
understanding arrived at yesterday between your Department and Mr.
Cachalia and myself representing the British Indian Association. The
summary given by you correctly sets forth the position; and, on
behalf of my colleague and myself, I beg to tender our thanks to you
for the conciliatory manner in which you have met the representations
of my Association in the matter of the gazetted regulations which have
formed the subject matter of the correspondence between your
Department and my Association.
Whilst I acknowledge that the smooth working of the arrange-
ment will depend upon the self-restraint that may be exercised by the
British Indians it is no less dependent upon the tact and the goodwill
of the officials in charge of the regulation of passenger traffic. In
conclusion, I trust that the Transvaal and the Orange River Colony
Governments and the Railway Board will accept your recommen-
dation, and that the regulations complained of will be repealed and
replaced by those set forth in your letter under reply.
I have, etc.,
M. K. GANDHI
HON. S ECRETARY,
BRITISH INDIAN ASSOCIATION
From a photostat of the original: Cd 5363; also
Indian Opinion, 16-4-1910
1
Vide Appendix “Letter from General Manager, C. S. A. R. to Gandhiji”,
11-4-1910.

6 THE COLLECTED WORKS OF MAHATMA GANDHI


5. LETTER TO COLONIAL SECRETARY1
[JOHANNESBURG ,]
April 12, 1910
SIR,

With reference to the Shop Hours Bill published in the


Government Gazette, my Association respectfully protests against the
distinction drawn between the closing hours of European restaurants
and those of Asiaticeating-houses;2 and, as it cannot be of serious
importance to the Government if the same privileges are allowed to
the keepers of Asiatic eatinghouses, my Association trusts that the
differentiation will be removed.
Indian Opinion, 16-4-1910

6. LETTER TO J. X. MERRIMAN
21-24 C OURT C HAMBERS,
C ORNER R ISSIK & A NDERSON S TREET,
JOHANNESBURG ,
April 13, 1910
DEAR MR. MERRIMAN,

I am taking the liberty of sending you a copy of Indian Home


Rule which is a translation by me of a Gujarati booklet3 I wrote during
the return voyage. Busy though you are, I hope that you will find time
to go through it; and if you could favour me with your opinion on it,
I should greatly appreciate it.
I am,
Yours truly,
M. K. GANDHI
THE R T. H ON . J OHN X. M ERRIMAN
C APE TOWN
From a photostat: Gandhiji’s Letters to Merriman. Courtesy: South African
Library, Cape Town

1
This letter, presumably drafted by Gandhiji, was signed by E. I. Aswat,
Acting Chairman, British Indian Association.
2
Vide “Johannesburg”,11-4-1910
3
Hind Swaraj

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 7


7. LETTER TO ATTORNEY GENERAL
[JOHANNESBURG ,]
April 14, 1910
SIR,

Messrs M. A. Karodia and A. A. Karodia were some time ago


arrested, the one on a charge of having obtained a registration
certificate under false pretences, and the other on a charge of having
made a false affidavit. After two remands, both cases were withdrawn,
without any evidence having been given on behalf of the Crown.
Messrs Karodia Brothers are well-known British Indian merchants in
Johannesburg. To this day, they do not know upon what evidence the
charge was brought against them. Their arrest caused no little surprise
amongst the Indian community, and no little pain to themselves. They
were fully prepared, as they are now, to meet the charges brought
against them. That they are merchants of standing is a fact well known
to the Asiatic Department. They feel, that, if they allow the
proceedings against them to end, after the withdrawal of the charges,
neither they nor their fellow-merchants could consider themselves safe
from similar arrest. In the circumstances, they request that the names
of the deponents on whose evidence the warrant was granted and their
affidavits should be handed to them. And they respectfully desire also
that the Government will be pleased in future to use judicious
discretion in obtaining warrants of arrest against Indians of standing.
Indian Opinion, 23-4-1910

8. SUBSTANCE OF LETTER TO L. W. RITCH


[After April 14, 1910] 1
In connection with this matter, Mr. Ritch writes to inform us that he has
received a letter from Mr. Gandhi, stating that the excuse for sending these men to
India is that they refused to give finger-prints to identify themselves with their
certificates, which documents were already filed with the Registrar. He explains that
the excuse is invalid, because most ofthese men have already been to gaol as passive
resisters, and are consequently known to the authorities. He adds that deportation for
refusal to give finger-prints is illegal, the punishment provided for the offence being
imprisonment and not deportation, and confirms the report that many of the
deportees were domiciled in South Africa.
India, 13-5-1910

1
The reference is to the fifty-nine Indians deported on 14-4-1910; vide
“Johannesburg”,18-4-1910

8 THE COLLECTED WORKS OF MAHATMA GANDHI


9. TAMIL SACRIFICE1
The arrest of Mr. Chettiar, the fifty-five-year-old Chairman of
the Tamil Society, puts the finishing touch to the glorious work that is
being done by the Tamil community in the Transvaal on behalf not of
themselves but of the whole Indian population throughout South Afri-
ca. Nearly one hundred Tamils are now under custody, either under-
going imprisonment at Diepkloof or awaiting deportation, which, for
many reasons, is much worse than imprisonment. There is hardly a
Tamil left in the Transvaal who has not suffered imprisonment in the
course of the passive resistance struggle. Mr. Chettiar himself has been
now arrested for the third time, his son, as we have already remarked,
for the seventh time. These brave men have reduced themselves to
poverty and have sacrificed literally their all for the sake of the
national honour and their sacred oath. It has become such acommon
occurrence for Tamils to be arrested that it excites no curiosity and
attention. Mr. Chettiar, who was at one time in flourishing circu-
mstances, has now become a pauper. We have seen some of the
receipts for the jewellery which has been sold in order to provide for
the household. In view of sacrifices such as these, he must be a godless
person who would for one moment doubt that a community that can
boast such heroes can ever fail to attain its goal.
Indian Opinion, 16-4-1910

10. THE LATE MR. WOODHEAD


In the death of Mr. Woodhead, the Indian community of Natal
has, along with the European, sustained a severe loss. The late
gentleman, who met with such an untimely end the other day, 2 had
held a responsible position on the editorial staff of The Natal Mercury
for a period of 28 years. During the time that he was Managing
Editor, the Mercury has in all matters relating to the Coloured
communities of the Colony, maintained a highstandard and has on
many occasions struck the note of warning against race hatred and
colour prejudice. It is fitting that the various Indian associations3 of

1
Vide also “Well Done, Chettiar!”, 16-4-1910 and Letter to Director of
Prisons”, 19-4-1910
2
He was run over by a motor car on April 11, 1910.
3
The Natal Indian Congress, the Durban Indian society, etc. Vide “Death of
Mr. Woodhead”, Indian Opinion, 16-4-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 9


Durban have expressed their sense of sorrow and loss, and we join
with them in offering our deepest sympathy with the widow and
children of the departed journalist.
Indian Opinion, 16-4-1910

11. G. K. GOKHALE’S SERVICES

The Hon’ble Professor Gokhale has rendered an invaluable


service. He has always helped us, but his work in the Legislative
Council is a very precious achievement. The resolution that he moved1
for the prohibition of indentured labour and the speech he made 2 on
the occasion are worth reading. The latter gives a vivid account of the
condition of Indians in all parts of South Africa. The speech has
evoked appreciative comments even from English newspapers. We see
that he advocated the prohibition of indenture on the ground that it
was [in its very nature] an evil thing. That is as it should have been.
Prof. Gokhale was followed by other Indian members. We
propose to give translations3 of all the speeches in the issues that will
follow. They will show to all readers how profound has been the effect
of the Transvaal campaign.
Prof. Gokhale certainly deserves thanks for what he has done.
We hope public bodies in all the Colonies will shower resolutions of
thanks on him.
We gather from the newspapers that the whole of India gives
credit for this achievement to Mr. Polak. At the conclusion of the
meeting, congratulations were offered to him.
[From Gujarati]
Indian Opinion, 16-4-1910

1
On 25-2-1910, vide “Debate in the Viceroy’s Council”, Indian Opinion,
9-4-1910.
2
ibid
3
Not reproduced here. For speeches by others including Dadabhai Naoroji and
M. K Jinnah, vide “Debate in the Viceroy’s Council”, Indian Opinion, 16-4-1910.

10 THE COLLECTED WORKS OF MAHATMA GANDHI


12. TRANSVAAL PARLIAMENT

Indians had hoped that the Transvaal Parliament would do something;


that was our hope, too. However, it is now clear that it will do nothing
to make a settlement possible. How can we expect a settlement? The
weakening of the Indian community has raised further hopes in the
Transvaal Government. It thought that if it waited longer, all the
Indians would quietly surrender. We are sure that it is because of this
calculation that nothing is being brought forward in Parliament. This
does not dishearten us. We do not want to obtain anything by
misrepresenting facts. We rely on our own strength. There are some
strong men who in any case will fight till death, so that the ultimate
victory of Indians is not in doubt. When we shall celebrate that victory
depends upon how many of us put forth our strength.
[From Gujarati]
Indian Opinion, 16-4-1910

13. WELL DONE, CHETTIAR!

Even the Indians who have given in will have their hair
standing on end if they read Mr. Chettiar’s case. He is an elderly man
and the leader of the Tamil community. He has served two terms of
imprisonment. His son has been to gaol a number of times; now he
has been ordered to be deported to India. Mr. Chettiar has worked
hard from outside without fear of being arrested. He has been arrested
now. He has paid no attention to his ailment. He has lost all his wealth.
Every hair on his body thrills with the determination to die for the
sake of honour, for the sake of the motherland and the pledge, rather
than surrender. He is installed in Marshal Square, a smile on his face.
We hope every Indian, old or young, big or small, will be infected by
Mr. Chettiar’s spirit and be proud of his name.
[From Gujarati]
Indian Opinion, 16-4-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 11


14. SHOULD LORD GLADSTONE BE HONOURED?
Lord Gladstone will shortly arrive here as Governor-General of
South Africa. Indians in all the Colonies must be wanting to know
whether or not we should honour him.
Considering our situation from every point of view, we think it
will not be proper for us to honour Lord Gladstone. Whom can we
honour in a land in which we ourselves are despised? What honour
can we give to the representative of a Government which refuses
justice to us? This is one line of thinking.
On the other hand, there is the argument that if we are not afraid
of demanding our rights, it is because the British flag flies over this
land. We want to live in amity with the people of this country. We want
to protect our honour. He who insists on being respected himself will
always respect others. He who values self-respect will never be rude to
others. In honouring the representative of the Emperor, we shall only
be honouring ourselves. This is another line of thinking. According to
this, we see nothing wrong in presenting an address to Lord Gladstone
as a matter of courtesy. Giving an address, not by way of flattery but
by way of courtesy, can be justified. Whether or not an address is
justified will depend upon the attitude behind it.
[From Gujarati]
Indian Opinion, 16-4-1910

15. JOHANNESBURG
Monday [April 18, 1910]

R ELEASED
Perumal and Mr. Govindsamy were discharged last week after
six weeks of imprisonment.
F AKIRA AND OTHERS
The brave Mr. Fakira was arrested again last Saturday. He was
tried today and ordered to be deported to India. He is determined to
return from India immediately.
Mr. Naransamy and Mr. Kistapa were arrested today. Besides th-
ese, Messrs Dayal Ramji, Cassim Ibrahim, Vally Adam, Isa Adam and
Odav Bhikha have been ordered to be deported. These five are not

12 THE COLLECTED WORKS OF MAHATMA GANDHI


satyagrahis but they could not prevent their arrest and deportation.
C HETTIAR
Messrs Chettiar, Morgan and Francis were sentenced to three
months on the 15th.
S HELAT R ETURNS
Mr. Shelat is already in the Transvaal. He has been arrested, and
his case will come up on Tuesday.
59 DEPORTED
How sad it is that Indians, sent to India, have to be treated as
having been deported. However, we cannot help so describing the 59
Indians who were sent to India by the Umhloti on the 14th instant. No
ship has so far agreed to carry these brave men to India. Some of the
young Indians who have been sent away were born in this country,
some have lived here from their childhood and some have left their
families here. Some, moreover, are residents of Natal or, being
educated, are entitled to go over there. It is the extreme limit of
tyranny that all these men have been sent away to India. Many of
these Indians had taken out voluntary registers. I am sure that all of
them will return in a very short time.
Some of these men fell ill in Delagoa Bay. Mr. Samy Krister
had to be removed to hospital. It is our good fortune that, despite this,
not a single Indian is dispirited.
[From Gujarati]
Indian Opinion, 23-4-1910

16. LETTER TO DIRECTOR OF PRISONS1


[JOHANNESBURG ,]
April 19, 1910
SIR,

Mr. V. A. Chettiar, who is an elderly member of the Indian


community and is Chairman of the Tamil Benefit Society, has been
for the third time sentenced to be imprisoned as a passive resister. This
time he has been sentenced at Volksrust, my Association believes, with
1
This letter, presumably drafted by Gandhiji, was signed by A. M. Cachalia,
Chairman, British Indian Association.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 13


hard labour. I venture to draw your attention to the fact that Mr.
Chettiar has a constitutional disease, and that at Johannesburg the
Magistrate imposed only light labour. My Association is not aware
what is being done with Mr. Chettiar at Volksrust, but, as he is hardly
able to walk the distance that he will probably have to cover between
Johannesburg and Diepkloof on his removal ultimately to Diepkloof,
I beg to draw attention to the information I have given above, and to
hope that suitable precautions will be taken, so that Mr. Chettiar’s
health may not suffer. According to the information received by my
Association, Mr. Chettiar is still at Volksrust Gaol.
Indian Opinion, 23-4-1910

17. THOSE DEPORTATIONS


Never has a steamer leaving the South African shore for the
Indian carried a more precious human cargo than that carried by the
Umhloti last week. That ship has sailed with some sixty passive
resisters unlawfully deported to India from the Transvaal under an
administrative order based on the flimsiest evidence and from which
there is no appeal to the usual courts of that Colony. Who are these
passive resisters? They are most of them men who have been
voluntarily registered, and are all domiciled in the Transvaal. Most of
them have served their imprisonment as passive resisters. Some of
them are lads born in South Africa. Some are domiciled also in Natal,
and some have a right to enter Natal or the Cape on the ground of
possessing educational qualifications. And many have left families
behind them. These families, but for the timely assistance from India,
would be starving.
And why have these men been deported? We were told at one
time that those who were voluntarily registered would not be deported.
But now the Asiatic officials have discovered that they can get rid of
voluntarily registered passive resisters also. These men are called upon
to produce their certificates. They say they have burnt the documents.
Then they are asked to give their signatures and finger prints. These
the passive resisters naturally decline to give. Now both these
omissions— the omission to produce the certificates and the one to
give signatures, etc.—are crimes carrying a high penalty. But the
zealous officials do not wish to adopt the regular course of
prosecuting the men. They assume that the men have no certificates at
all and, therefore, insist on their deportation under an administrative

14 THE COLLECTED WORKS OF MAHATMA GANDHI


inquiry. They contend that if they do not follow this course, any
Asiatic may pretend that he has been voluntarily registered and thus
“merely go to gaol”. There is a double fallacy in this argument. For
the man who so pretends, still goes to gaol, and having gone to gaol,
he has to give finger impressions which ensure detection of any such
pretension. And if an examination of finger impressions should
betray the man, he would be liable to be committed for perjury in
addition to an order for deportation. Moreover, the above argument
cannot hold water, seeing that such well-known stalwarts like Messrs
Chettiar and Quinn1 have also been deported. The policy clearly is to
subject passive resisters to a treatment such that they cannot bear it.
We shall see what success attends the efforts of the Asiatic Department.
Indian Opinion, 23-4-1910

18. JOURNALISTS’ DUTY


We find the following report in a newspaper received from
India.
The manager and the editor of the Gujarat Patra, published
from Nadiad, had been served with a notice by Mr. Chakravarti,
the District Magistrate of Kaira, under section 124 of the Indian
Penal Code, to show cause why they should not be prosecuted.
When the case came up for hearing at Anand before the District
Magistrate, it was stated by the defendants’ advocate, Mr.
Maganbhai Chaturbhai Patel, B.A., LL.B., that the matter in
respect of which the notice had been issued was a translation of
an English letter and that the respondents had no unlawful
intention in publishing it. At the same time, he expressed regret
for [the publication of] the matter whereupon the notice which
had been issued was withdrawn.
We are sorry for the manager and the editor. What happened
to them may now happen to any other newspaper. A time may come
when here, too, the same condition will prevail. However, we see that
just now it is not so, with the result that the full force of what we say
cannot be appreciated. It may appear somewhat presumptuous for a
man who is not himself caught in a fire to write anything about those
who are. However, some general comments will not be considered out
1
Chairman of the Transvaal Chinese Association; vide “The Supreme Court
Case”, 7-5-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 15


of place on this occasion.
We think the editors of all such newspapers, which do not run
with a commercial motive but only with a view to public service, must
be prepared to face extinction at any moment. It is obvious that all
newspapers do not come within the scope of this rule, but only those
which aim at public service by advocating reforms in the Government
or among the people or in both.
What should an editor do when something he has published
displeases the Government or is held to violate some law, but is none
the less true? Should he apologize? We would say, certainly not. True,
he is not bound to publish such matter, but once it has been published,
the editor ought to accept responsibility for it.
This raises a very important issue. If the principle we have laid
down is correct, it follows that, if any provocative writing has been
published unintentionally and no apology is offered for the same, the
newspaper will in consequence be prevented from rendering other
services as well and the community will go without that benefit. We
would not, therefore, apply this principle to matter published
unintentionally, but it should apply to what is published after full
deliberation. If a newspaper runs into difficulties for publishing any
such matter, we think the closing down of the newspaper will be a
better service to the public. The argument that in that case one may
have to face the confiscation of all one’s property and be reduced to
poverty has no force. Such a contingency may certainly arise, and it
was precisely for this reason that we said that the editor of a journal
devoted to public service must be ever ready for death.
Let us take one or two obvious illustrations. Suppose that in a
certain region there obtains the cruel practice of kanya-vikraya1 . A
reformer starts a newspaper there and writes strongly against this
practice. Those who follow the practice are angry with him and decide
to outcaste him if he does not apologize. We are sure the reformer
ought to go on writing against offering girls in marriage for a price,
even if he has to face total ruin or be outcast for that, and, when he is
left without a single pie, he should close down the newspaper; he must
not apologize, whatever happens. It is only by such conduct that he
can prepare the ground for rooting out the practice.
Let us take another illustration. Suppose that the Government

1
Demanding a price for a girl (offered in marriage)

16 THE COLLECTED WORKS OF MAHATMA GANDHI


has committed a gross injustice and robbed the poor. A progressive
newspaper is being published in such a place. It writes against the
oppressive measure and advises the people to disregard the unjust law
of the Government. The Government takes offence and threatens
confiscation of property if no apology is forthcoming. Should the
reformer apologize? We think the reply is again the same, that he
should stand the confiscation of his property and close down the
newspaper but certainly not offer an apology. The people would then
see that, if the reformer could lose his all for their sake, they should
also in their own interest oppose the law. If the reformer should
apologize, the effect on the people would exactly be the reverse of
this. They would know that the man would not be concerned
overmuch even if their houses were on fire, that, from a safe distance,
he would only indulge in meaningless declamations. When he himself
ran into trouble [they would say], he meekly retired. And so they will
think of doing likewise and resign themselves to the inevitable. They
will thus argue themselves into greater weakness. It is, therefore, clear
in this instance that the best service that the reformer can render will
be to stop the newspaper.
[From Gujarati]
Indian Opinion, 23-4-1910

19. “AS ONE SOWS ONE REAPS”

We all know this saying, but most of us go the opposite way


and desire the reverse of what we do. Stay-at-homes, we want to be
wealthy. Though we eat too much, we will have no indigestion. We
would not work, but hope to have all our desires fulfilled. We deserve
hell for our deeds, but wish to go to heaven. In newspapers from
India, we come across accounts of the miserable condition of the
bhangis1 and other castes. These castes are despised by some so-called
civilized Indians. The Maharaja of Baroda has passed an order for the
admission of members of these castes to public schools. Some Indians,
claiming to belong to higher castes, have protested against this and are
putting difficulties in the way of the Maharaja. This is how we behave
as a nation, and yet we do not want to pay the price for this and would
not submit to the treatment meted out to us in South Africa. How can

1
Scavengers

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 17


we escape [retribution]? Recently, an Indian judge1 in Madras made
some severe remarks [on our behaviour]. He does not mind, he says,
our kicking up a row about South Africa, but complains that we look
down upon our own people, think ourselves defiled by their touch,
keep them at a distance from us and grind them under our heels; he
wants to know why we do not seek to remedy this state of affairs.
“Why do we not, instead of lashing out at the whites, rain lashes on
our own backs?” he asks.
We have no answer to this charge. True, we can say something
for ourselves. But we do not think it necessary to say it here.
To be sure, Indians in South Africa must take a lesson from
their present condition. They must realize that it would not do for
them, on returning to India, to treat the bhangis with contempt. If
those who have been putting difficulties in the way2 of the Maharaja
Gaekwar are representative specimens of high-caste Hindus, a time will
come when birth in a bhangi family will confer great honour. The
contemptuous attitude of the [caste] Hindu towards the bhangis and
others is a striking illustration of the length to which man is carried by
pride and selfish-ness. We should like every wise and decent Hindu to
pray, “O God! Save me from this pride and this selfishness”, and to
be granted the strength to fight this tyranny.
[From Gujarati]
Indian Opinion, 23-4-1910

20. LETTER TO MILLIE GRAHAM POLAK


April 24, 1910
MY DEAR MILLIE,

Henry is a tender flower. The slightest breeze ruffles his spirits.


You and I divide him. When he is in such a mood, you can make him
happy and to a lesser degree I. But alas! he can just now have neither
you nor me. The publication and confiscation of the little book of
mine have disconcerted him a bit.3 There is no occasion for it. I have
1
K. Srinivas Rao, Sub-judge, presiding at a meeting at Tuticorin; Vide “The
Beam in India’s Eye”, Indian Opinion, 23-4-1910.
2
In the matter of his admitting children of the bhangis to public schools;
vide “Retribution”, lndian Opinion, 23-4-1910.
3
Gandhiji’s book Hind Swaraj had been declared seditious and proscribed in
India; vide “Johannesburg”, 13-3-1910, “Preface to “Indian Home Rule”, 20-3-1910
and “Our Publications”, 7-5-1910.

18 THE COLLECTED WORKS OF MAHATMA GANDHI


written to him at length. And then the wretched pecuniary business.
He gives me the position of an elder brother and yet would not be
content with my taking over the pecuniary burden. I wish you would
not discuss money matters with him at all. You may do all that when
you are together again. Let me alone have all your pecuniary needs.
He has enough to occupy his attention besides worrying about money
matters which he hates.
The farm idea is still progressing. Hosken has offered a portion
of his farm. If this thing comes off, I may shift very soon. It promises
to be a mighty thing if it comes off.
I was sorry to learn about Mater’s and Celia’s trouble. It seems
useless to inquire after a lapse of a month as to how they are getting
on.
From what you say, it is evident that winter has not in any way
affected Waldo.
With love to you all,
BROTHER
From the original: Gandhi-Polak Correspondence. Courtesy: National Archi-
ves of India

21. PETITION TO TRANSVAAL LEGISLATIVE ASSEMBLY1


April 25, 1910
1. Your Petitioner has read a private Bill to amend certain laws
relating to the Municipality of Pretoria, and to confer further powers
upon the Council thereof.
2. Your Petitioner, on behalf of the Association, respectfully
protests against Section 5 of the Bill, in so far as it relates to the
application of certain Regulations of Towns, dated the 25th day of
October, 1899, to the Pretoria Municipality, inasmuch as these Regula-
tions constitute an attack on the rights of British Indians, among
others, in respect of the use of side-walks.
3. Your Petitioner therefore prays that this Honourable House
will be pleased to remove from Section 5 the portion herein before
referred to, or grant such other relief as to it may seem meet. And for
this act of justice and mercy, your Petitioner will, as in duty bound, for
ever pray.
Indian Opinion, 30-4-1910
1
This petition, presumably drafted by Gandhiji, was sent over the signature
of E. I. Aswat, Acting Chairman, British Indian Association.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 19


22. LETTER TO G. K. GOKHALE1
JOHANNESBURG ,
April 25, 1910
DEAR PROFESSOR GOKHALE,
In answer to my cable 2 of the 6th December last, you cabled
inquiring what funds were required, and in my replying cable I stated
as follows:
Present requirements thousand pounds. Expect imprisonment before end
month. Much more required later.
On the same day, I wrote to you3 how the funds are being dealt
with. In that letter, I told you that the debt incurred in conducting
Phoenix by me personally was paid out of the amount received from
you. This covers over £1,200. I gave you also the following
approximate summary of monthly expenses:
Office here £50
Office London £40
Indian Opinion £50
Distressed families £25
In your letter replying to mine, you were good enough to
inform me that the expenses were in order.
In view of the certainty of prolongation of the struggle yet for
some considerable time, it is necessary for me to give you a resume of
receipts and expenditure, and of the events to date. The monies
obtained to date since December last are as follows:
£ s. d.
From Bombay 4,253 3 4
From Rangoon 750 0 0
From London 135 8 2
From Mozambique 50 0 0
From Zanzibar 59 3 6
From Lourenco Marques 11 12 0
From Natal 8 16 0
Local 1 7 7
5,269 10 7
The Bombay fund is divided into two parts—£3,914-10-0 has

1
A Gujarati translation appeared in Indian Opinion, 7-5-1910.
2
Not available
3
Vide “Letter to G. K. Gokhale”, 6-12-1909

20 THE COLLECTED WORKS OF MAHATMA GANDHI


been sent to be used for carrying on the struggle generally, and
£338-l3-4 has been earmarked for relief of distress among the passive
resisters or their dependants. These instructions have been closely
followed. The remittances from Rangoon as also from London have,
like the earmarked fund from Bombay, been devoted to the relief of
distress only.
Your letter, as also Mr. Petit’s, has left the expenditure to my
discretion, and I have considered it best to avail myself of that latitude.
The funds are banked to a separate account, called the Passive
Resistance Fund Account, in the Natal Bank, Johannesburg. So far as
the Bank is concerned, I alone operate upon them. No special and
formal committee has been organized, nor are the funds treated as
part of the British Indian Association Account. The British Indian
Association covers a wider range than that of passive resistance.
Disbursements are made in consultation with or subject to the
approval of Mr. Cachalia, who is the President of the British Indian
Association, and other passive resisters.
The Phoenix debt represented a personal debt incurred by me
from European friends and clients by reason of the necessity of
having to continue Indian Opinion under somewhat adverse
circumstances and at a loss in the interests of the struggle. I have
devoted to the continuance of Indian Opinion and the establishment
of Phoenix all my earnings during my last stay in South Africa, that is,
nearly £5,000. I derive no pecuniary benefit from Phoenix, the
support of my family and myself being found by a European friend 1 .
Those Europeans and Indians who are my co-workers at Phoenix
receive as a rule only what they need, and are practically under a vow
of poverty. Certain alterations have been made in the management of
Phoenix, which I am glad to be able to say have so far enabled the
continuance of the paper without the monthly assistance referred to in
my letter. The Committee in London is being financed on a most
economic basis. I have to make the same remark in connection with
the offices here. The expenditure [up] to the 20th instant is as follows:
Local Expenses 374 11 8
London Office 175 15 0
Relief of Distress 449 11 11
Relief apart from Distress Fund 50 0 0

1
Hermann Kallenbach

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 21


Indian Opinion Debt 1,200 0 0
Total £2,249 18 7

This leaves a balance of £3,019/12/-. The monthly expenses for


relieving distress have, however, as you see, gone forward, and,
whereas, in the month of December only £25 was paid, on the present
basis it comes to nearly £160 per month, over fifty families receiving
support. Local expenses, besides the carrying on of the office here,
include travelling expenses of passive resisters from Durban, etc., as
also cables and such other disbursements. The above expenditure
covers a period of four months and a half. Excluding relief
expenditure and the item for the Indian Opinion debt, the average
monthly expense is nearly £133. The expenses for supporting
distressed families are bound to increase as time passes. I, therefore,
put them down at £200 per month. The average monthly expense then
may be put down at £333. The balance of £3,019/12/- may thus be
exhausted about the month of January next.
Nearly £50 is being paid towards rent due by the families in dis-
tress. We have, therefore, been considering the advisability of remo-
ving them to a farm, where women as well as men could do something
to earn a living, and where we should probably be able to save half of
what is now being paid for relief. There was the difficulty about a
capital outlay on a farm. Mr. Cachalia, others who were out of gaol
and I were even prepared to risk that outlay in the hope of being able
to sell the farm, if necessary, at the close of the struggle, but a large
outlay will probably not be required, as a European friend has offered
to buy a farm and place it at the disposal of the passive resisters
during the continuance of the struggle, free of charge.1 This very
generous offer has been almost accepted and by the time this letter is
in your hands, he may have secured a suitable farm, in which [case] all
the distressed families and I should be living together on the farm.
The expenses detailed above take no note of relief that is being
granted privately by individuals.
The estimate I gave you of active passive resisters I now see was
an under-estimate, and many whom I did not consider would come
forward are now either serving imprisonment or have been deported.
The Authorities have been of late very active in effecting arrests,

1
Vide “Letter to H. Kallenbach”, 30-5-1910

22 THE COLLECTED WORKS OF MAHATMA GANDHI


particularly of the brave Tamils, than whom no [other] Indians have
done better in connection with the struggle. These brave men have
time after time courted imprisonment. There are over thirty at present
at the Diepkloof Gaol, which is a penal settlement, in which the
regulations are more severe than in the other prisons of the Transvaal.
Nearly sixty have been deported by the Umhloti and over thirty may
be deported any day, orders for deportation having been already
made. I cannot write about these deportations with sufficient restraint.
All these men are domiciled in the Transvaal; some of them are
domiciled also in Natal; some, again, have a right to enter Natal, being
able to pass the education test imposed under the immigration law of
that Colony. Some are mere lads born in the Transvaal or other parts
of South Africa, and many have left behind them families that have
been reared in this country. I come into constant touch with the brave
wives, sisters or mothers of the deported men. I once asked them
whether they would like to go with the deported to India, and they
indignantly remarked: “How can we? We were brought to this
country as children, and we do not know anybody in India. We would
rather perish here than go to India, which is a foreign land to us.”
However regrettable this attitude of mind may be from a national
standpoint, the fact remains that these men and women are rooted to
the South African soil. Many of these men before the struggle
commenced earned a decent living. Some of them had stores, some
were trolley-contractors, and others were hawkers, cigar-makers,
waiters, etc., the employees earning a minimum wage of £6 and a
maximum of £15, whereas the trolley-contractors and others who
followed an independent calling earned as much as from £20 to £30
per month. All these are now reduced to poverty, and their families
receive from the Passive Resistance Fund the barest sustenance money.
I may mention for your information that it was stated at one time by
the Government that those who were voluntarily registered in the
Transvaal as many of these deported men are, were not deported at all,
and that those who were domiciled in parts of South Africa other than
the Transvaal were deported to such parts and not to India. Both these
declarations have been falsified, the excuse given being that these men
refuse to supply identification particulars and to prove domicile. The
first excuse is invalid, because the refusal to supply identification
particulars is itself a criminal offence, and these men, seeing that they
were voluntarily registered, could have been proceeded against under
the special section that deals with refusal to supply identification

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 23


particulars. There was no occasion to treat them as unregistered
Indians and thus deport them. The second excuse is equally invalid, in
that those who were entitled to enter Natal stated that they were
domiciled there and those who had a knowledge of a European
language did not need to bring forward any proof. In my opinion, the
fact is that, having failed to break the proud spirit of the brave Tamils,
the Asiatic Department has now embarked upon a plan of
extermination, and of taxing our pecuniary resources to the uttermost.
Be that as it may, I think that I am quite correct in assuring you and,
through you, the public in India, that neither these men, nor their
wives, mothers nor sisters, as the case may be, are likely to succumb in
any appreciable measure.
I hope that the Motherland will not rest so long as the insult
offered to her in the Transvaal legislation that we are fighting has not
been removed, and that we shall continue to receive the support that
has been hitherto extended to us.
I remain,
Yours truly,
M. K. GANDHI

From the typewritten original signed by Gandhiji: G. N. 3799; also


Indian Opinion, 7-5-1910

23. LETTER TO DIRECTOR OF PRISONS1


[JOHANNESBURG ,]
April 26, 1910
SIR,

Some of the passive resisters recently discharged from


Diepkloof have brought to the notice of my Association complaints
and information which, in the interests of humanity, my Association
feels bound to place before you.
Mr. Sorabji, who has suffered imprisonment again and again,
was on the 26th October last, together with Mr. Medh2 , sentenced to a

1
This letter, presumably drafted by Gandhiji, was signed by E. I. Aswat,
Acting Chairman of the British Indian Association.
2
Leading Natal Indian satyagrahi, vide “Notable Discharges”, 30-4-1910

24 THE COLLECTED WORKS OF MAHATMA GANDHI


further term at Volksrust. Mr. Sorabji states that during this last
imprisonment at Volksrust, he was roughly treated by a warder named
Nell. The previous time that he had gone to prison, he was, under
medical orders, specially put on light labour, and he was called upon
to carry no heavy weight. But, on the occasion in question, on the day
of sentence, before medical examination had taken place, Warder Nell
ordered Mr. Sorabji to water plants, in the doing of which he was
called upon to fill full with water two five-gallon buckets and to carry
them to some distance, a task which the Native prisoner with whom he
and the other Indians were made to work could do only with some
difficulty. Warder Nell knew Mr. Sorabji during his previous term of
imprisonment, and knew also that, under special medical instructions,
he was put upon very light labour, and his task chiefly consisted in
store-work, keeping an account of clothing and distributing it. Mr.
Sorabji was working under another warder named Oberholster, who
did not mind Mr. Sorabji taking his own time and only half filling the
buckets. At 2 o’clock that day, Warder Nell came and insisted upon
Mr. Sorabji filling the two buckets full. The latter protested and said
that the warder knew him and knew also that the Medical Officer had
last time put him upon light labour only. He also drew the warder’s
attention to the fact that he was suffering from rupture and dislocation
of one of his arms and from acceleration of the heart. The warder
took no heed, and still insisted upon Mr. Sorabji carrying the buckets
and watering the plants. This he was obliged to do up to the time he
was able to see the Medical Officer, that is, for two days. Upon his
bringing the matter to the notice of the Medical Officer, instructions
were at once given to the effect that he was not to be put upon any
heavy work and that he was not to be made to carry any weight.
Warder Nell, evidently wishing to be spiteful, brought a charge of
breach of discipline against Mr. Sorabji, and the latter was tried before
the Magistrate. The breach of discipline consisted in Mr. Sorabji’s
having drawn attention to his condition, and his having, as was alleged
by the warder and denied by Mr. Sorabji, said to the former “Leave
me alone. You are causing trouble for nothing.” Mr. Sorabji cross
examined the warder, and related the whole of the incident to the
Magistrate, who, however, said that he was not trying the question of
the work that was entrusted to Mr. Sorabji, but that he was simply
trying the question of breach of discipline; and punished him with
spare diet. It is worthy perhaps of remark that, as the Medical Officer
had ordered only light labour for Mr. Sorabji, the latter was given by

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 25


the same warder the dirtiest work to do, namely, the cleaning of the
water closet. Mr. Sorabji desires me to state that he had no objection,
as a passive resister, to doing the work, but my Association considers it
to be its duty to bring the matter to your notice.
On removal from Volksrust, Mr. Sorabji was accompanied by
Messrs Medh and Harilal Gandhi. The three were handcuffed
together, and marched from the gaol to the station, a distance of over
a mile. They were, in spite of the handcuffs, made to carry their own
bundles, which were fairly heavy, as they contained, in addition to
their personal clothing, books also, and they had to carry things
belonging to the warder in charge and one blanket each. They were
marched from Park Station to the Fort in the same manner.
With reference to the condition at Diepkloof, Messrs Sorabji and
Medh, who have been just discharged, confirm the statements made by
other discharged men as follows: The Medical Officer continues to be
entirely callous to the avoidable sufferings of the prisoners. Once, Mr.
Thambi Naidoo, who is still at Diepkloof, and who, my Association
considers, is one of the bravest men and certainly incapable of lying,
complained to the Medical Officer that the prisoners were suffering
from partial starvation; whereupon, he called Mr. Naidoo a liar. Mr.
Medh often complained that he was losing weight, and that he should
have the quantity of the food increased and the quality improved, but
the Medical Officer laughed at his complaint and turned a deaf ear.
When Mr. Medh had lost over twenty-five pounds, he complained to
the Deputy-Governor, and it was only on the 1st April, that is, during
the last three weeks of his imprisonment, that the quantity was
increased. Most of the prisoners complain that they lose in weight, but
the change in diet is not ordered until the Medical Officer considers
that they have lost more weight than they need have. The usual
remark made by him is that no harm is done to the prisoners if they
lose somewhat in weightand throw off what he calls superfluous fat.
The Medical Officer used often to remark to the prisoners that they
were getting fat on the Government rations. In the humble opinion of
my Association, under treatment such as this, the lot of Indian passive
resisters at Diepkloof is being made unnecessarily hard. The fact that
out of 72 Asiatic prisoners, 18 had to receive an increase in diet shows
that the present scale is perilously low both in quantity and quality.
The approach of the cold weather makes my Association nervous as to
the health of these prisoners, who, deprived of the ordinary fat in their

26 THE COLLECTED WORKS OF MAHATMA GANDHI


diet to which they are accustomed, will suffer very seriously.
The discharged men also complain that, whereas, last winter, the
articles of clothing included a stout shirt, this time it has not yet been
allowed, and the prisoners have already begun to suffer from the
absence of this article of clothing. My Association is not aware
whether this change has been made throughout, but, even if it has on
grounds of economy or otherwise, my Association hopes that Indian
prisoners, who belong to a much warmer country, will not be deprived
of the long-sleeved shirts to which they have always been used. My
Association understands that this complaint has been brought to the
notice of the Governor, as also of the Medical Officer, but they
informed the prisoners that the change was made by the Government.
The prisoners complain also of the fewness of the blankets. Diepkloof
Prison, which is built with corrugated iron only and which is without
any ceiling-board, being on high ground, is very cold, and three
blankets, which may be sufficient in the stone-built prison at
Volksrust, are undoubtedly not enough cover for the British Indian
prisoners at Diepkloof. My Association ventures to draw your
attention to the fact that, at Volksrust, all the Indian prisoners were
allowed, even during warm weather, besides three blankets and
matting, a bed-board and a pillow. The two latter articles are not given
to the prisoners at Diepkloof. Messrs Sorabji and Medh, who have had
experience at Houtpoort and Volksrust, mention that at both these
places during winter time four blankets were supplied to British Indian
prisoners; and they add that, at Houtpoort, four blankets were ordered
by yourself, when you visited the gaol there and the passive resisters
complained.
One very painful incident, too, is reported by Messrs Sorabji and
Medh. There is an Indian prisoner at Diepkloof, who is over 60 years
old. He pleaded before the Medical Officer for a shirt and an extra
blanket, but that officer point-blank declined to grant relief.
My Association ventures to trust that the matters herein set forth
will receive your urgent and careful attention.
Indian Opinion, 30-4-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 27


24. NOTABLE DISCHARGES
Messrs Sorabji and Medh, who are among the stalwarts of
passive resistance, were discharged on Saturday last. Both have served
more than twelve months’ imprisonment. Both are educated and both
have sacrificed their all for the honour of India. Mr. Sorabji laid the
foundation of the second stage of the struggle and Mr. Medh was
among the first batch of Natal Indians who entered the Transvaal in
order to test their rights as British subjects. Both have suffered much
during their incarceration. Mr. Medh has lost heavily in flesh. But
both have gained in moral strength, in soul-power. Their material loss
is the community’s gain. We congratulate these servants of India and
wish them enough strength to go through what more may be in store
for them.
Indian Opinion, 30-4-1910

25. THE PRETORIA MUNICIPALITY1


This notorious municipality keeps up its reputation for waging
war against Colour. A private Bill introduced during the last session of
the Transvaal Parliament seeks to perpetuate the Town Regulations of
the Boer regime which prevent the use of footpaths by Natives,
Coloured people and Asiatics. The British Indian Association of the
Transvaal has done well in formally protesting against the Bill.2 It
contains, as it ought to, a clause to the effect that it will not come into
force unless and until His Majesty has expressed his pleasure not to
disallow it. Lord Crewe has now an opportunity of showing that he is
ready to protect the unrepresented classes in South Africa from insult
and molestation. But the ultimate court of appeal is and must be the
people themselves who are affected by hostile legislation.
Indian Opinion, 30-4-1910

26. THE £3 TAX AGAIN


The Government have notified Indians who are liable to pay the
annual poll-tax of £3 that by re-indenturing they may avoid payment
of the tax, and they have notified the women who are so liable that
1
Vide also “Pretoria Municipality”, 30-4-1910
2
Vide “Petition to Transvaal Legislative Assembly”, 25-4-1910

28 THE COLLECTED WORKS OF MAHATMA GANDHI


they could avoid the tax by showing the Magistrate of their district
sufficient cause for avoidance. On the face of it, the notice seems to be
in the interests of the men and women concerned. But in reality, it is
nothing of the kind. The notice as to the men is totally for the benefit
of the employers of Indian labour. It was for them that the change in
the law was made. For, the employers had to pay higher wages in
order to enable the Indians who were liable to the tax to discharge it.
A complacent Government have, therefore, met the employers by
exempting from payment Indians who may be employed by them. So
that the notice is in effect a warning to the unfortunate Indians to
re-indenture or to pay the tax.
As for the women, the less said about the disgraceful affair the
better. After the humiliating surrender to the clamorous party in the
Assembly, we could expect nothing better from the Government than
the insulting notice to the women. Their womanhood should either
prove sufficient cause for non-payment or none other could. If their
sex do not protect them, they must re-indenture in the same way as
men. We hope, however, that not a single Indian woman would do
anything of the kind.
Indian Opinion, 30-4-1910

27. PRETORIA MUNICIPALITY


The Pretoria Municipality has never been known to behave
better than like the garbage-removing body that it is. It has earned a
name for its hostility to the Coloured people. It would seem to have
come into existence just to make things go hard with them. In the last
session of the Transvaal Parliament, too, this Municipality dealt a blow
to the Coloureds. A private Bill sponsored by it seeks to provide that
Coloured persons should not use footpaths. “Coloured” will include
Cape Boys and Asiatics. The British Indian Association has done well
to send a petition 1 against this. It will also be necessary to send a
petition to Lord Crewe. Let us see what he and Lord Morley say [in
reply]. But it must always be borne in mind that ourultimate appeal
lies only to ourselves. Is it possible that the Pretoria Indians will agree
to avoid footpaths and walk on the roads?
[From Gujarati]
Indian Opinion, 30-4-1910
1
Vide “Petition to Transvaal Legislative Assembly”, 25-4-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 29


28. LETTER TO G. K. GOKHALE
JOHANNESBURG ,
May 2, 1910
DEAR PROFESSOR GOKHALE,

I am sending you a public letter 1 addressed to you. After due


deliberation, I thought that it was the best thing for me to do. The
letter has been handed to the Press here,2 and I take it that you will
publish it on your side also. The letter, too, enables me to inform all
the contributors. I have now heard from Mr. Petit that Mr. Tata
approves of the expenses incurred by me in connection with Indian
Opinion. Your letter, to which I have alluded in the accompanying,
had already relieved me of anxiety on this score, but it is as well that I
have received specific approval from Mr. Tata also.
I do hope that my action in publishing Hind Swaraj in Gujarati
and now the translation in English does not in any way affect the
struggle that is going on in the Transvaal. The opinions expressed by
me in the booklet are personal to me. Though they have been
matured in the course of the struggle, they have nothing to do with it
at all, and I trust that you will be able, should any prejudice arise
against myself personally or the pamphlet, to keep the merits of the
struggle entirely separate from me. The views expressed by me in
Hind Swaraj have not been formed without much thought and
consideration. Mr. Polak has passed on the typed copy to you. I am
not sending you the printed copy because, as the Gujarati is
confiscated, I suppose the same thing applies to the translation.
If you have had the time to go through the typed copy, I shall
esteem your opinion. The booklet has been widely circulated here.
Much criticism has been received. There appears today in The
Transvaal Leader a signed criticism, which I am asking Mr. Polak to
forward to you.
I am not answering the personal part of your letter of
December. I simply felt that it was my duty to lay my views before
you, which I have done. It is not for me now to argue. Should I ever

1
Vide “Letter to G. K. Gokhale”,25-4-1910
2
It was reproduced in Indian Opinion, 7-5-1910.

30 THE COLLECTED WORKS OF MAHATMA GANDHI


have the privilege of meeting you personally, I shall certainly again
press upon your attention some of the views I hold so strongly, and
which it appears to me are perfectly sound. Meanwhile, with the hope
that you have entirely recovered from your malady, and that you will
be long spared for the service of the Motherland, I can only remain,
Yours sincerely,
M. K. GANDHI
THE HONOURABLE P ROFESSOR GOKHALE
BOMBAY

From a photostat of the typewritten original signed by Gandhiji: G. N. 3800

29. LETTER TO GENERAL MANAGER, C. S. A. R.1


[JOHANNESBURG ,]
May 2, 1910
SIR,

Messrs F. A. Moolla and Suliman Kako, of 9 Jubilee Street,


Johannesburg, were travelling on the 25th ultimo from Trichardts to
Ermelo. On boarding the train, they could not secure seats. They held
second-class tickets. They mentioned the matter to the conductor, who
said that he would find them seats. Station after station passed by, and
they met the conductor, but no seats were provided until the train
reached Breyten. At Breyten, Mr. Moolla told the conductor that he
would be reported, and the latter said that, in that event, Mr. Moolla
would not be allowed to take a seat at all, and went away. Mr. Moolla
and his companion, however, took their seats in the compartment that
had been pointed out to them. My Association trusts that you will be
good enough to inquire into this matter.
Indian Opinion, 14-5-1910

1
This letter, presumably drafted by Gandhiji, was sent over the signature of
A. M. Cachalia, Chairman, British Indian Association.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 31


30. JOHANNESBURG
Monday [May 2, 1910]
JOSEPH R OYEPPEN
Messrs Joseph Royeppen, David Andrew, Samuel Joseph and
Dhobi Nayana were to be released on Saturday, but, even on the
previous day, they were brought to the gaol here and, instead of being
released, were handed over to the police for being deported. They
were immediately bailed out for two days. Though this was their first
experience of gaol, Mr. Royeppen and his companions spent their
time very cheerfully. They are, moreover, in excellent health. All of
them want to re-enter immediately.
Tuesday [May 3, 1910]
QUINN’S P ETITION
Mr. Quinn, who has been ordered to be deported and has been
kept in custody in Pretoria, challenged in the Supreme Court the
Government’s right to hold him in detention pending his deportation
and prayed to the Court to order his release. The petition was heard
and the Chief Justice ruled that the period of detention could not be
considered unreasonable.1 The Court held that since it could not
pronounce judgment on the order of deportation, the only question
for decision concerned the period [of detention]. The judgment is of
little consequence. We are where we were. A satyagrahi should not go
in for all this bother of moving the Supreme Court, but men differ in
their views and inclinations and that is the reason why Mr. Quinn was
obliged to make this petition. The Chinese have not been in the least
disheartened by this judgment.
C HINESE MEETING
The Chinese held a meeting on Sunday. It was attended, among
others, by Mr. Royeppen and his companions, the Imam Saheb, and
Messrs Coovadia, Bhikhaji, Sorabji, Medh, Gandhi and others. Mr.
Quinn explained the state of the struggle in all its aspects. At the end
of the meeting, tea and fruits were served in honour of Mr. Royeppen.
While in gaol, Mr. Royeppen was a complete vegetarian. He says he
felt no need of meat. Mr. Royeppen and the others were taken to
Pretoria this morning.
1
Vide also “The Supreme Court Case”, 7-5-1910

32 THE COLLECTED WORKS OF MAHATMA GANDHI


S HELAT
Indian prisoners at Diepkloof have sent a message to say that the
Government should be requested not to ask Mr. Shelat to carry slop-
pails and that they are ready to do the work on his behalf. The
message does them credit. Mr. Cachalia has accordingly addressed a
letter 1 to the Government, so that, if it feels like it, it may spare Mr.
Shelat.
VISIT TO S ODHA
Miss Schlesin left for Diepkloof on Sunday last in order to visit
Mr. Sodha. He is to be discharged next Saturday. He has maintained
good health in gaol.
[From Gujarati]
Indian Opinion, 7-5-1910

31. LETTER TO DIRECTOR OF PRISONS2


[JOHANNESBURG ,]
May 3, 1910
SIR,

Mr. Shelat was some time ago serving imprisonment as a passive


resister at Diepkloof, and underwent prolonged solitary confinement
for refusing to carry slop-pails. The discharged passive resisters have
brought the message to my Association that the remaining British
Indian prisoners at Diepkloof are quite agreeable that Mr. Shelat, who
is a Brahmin and has very great conscientious scruples about
removing slop-pails, should be excused from having to perform that
work; and that the other British Indian prisoners will be prepared to
replace him whenever his turn comes to remove the pails. 3 My
Association does not know whether Mr. Shelat has yet been ordered to
do this work, but I consider it my duty to bring the above matter to
your notice, so that such instructions as you may consider fit may be
issued to the officials at Diepkloof.
Indian Opinion, 7-5-1910
1
Vide the following item.
2
This letter, presumably drafted by Gandhiji, was signed by A. M. Cachalia,
Chairman, British Indian Association.
3
Vide “Letter to the Transvaal Administrator”, 7-6-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 33


32. CABLE TO ROYAL FAMILY1
[JOHANNESBURG ,
After May 6, 1910]

BRITISH INDIAN ASSOCIATION TENDERS HUMBLE CONDO-


LENCES ROYAL FAMILY.

Indian Opinion, 14-5-1910

33. THE SUPREME COURT CASE

The judgment 2 given by the Supreme Court on the application


of Mr. Quinn, the Chairman of the Transvaal Chinese Association,
does not take us any further. The deportations still remain illegal. The
Court was not called upon to decide upon the legality or otherwise of
the warrant itself. The Court had no jurisdiction in the matter, the or-
der being purely administrative. The question, therefore, of deporting
Asiatics who are lawfully registered residents of the Transvaal remains
where it was. The only question that the Court had to decide was
whether the detention in Pretoria pending deportation was reasonable
or not. The Court had no difficulty, in view of circumstances, to come
to the conclusion that detention was not unreasonable.
The proceedings, however, throw a curious light on the situation.
The authorities are unable to carry out their illegal policy through a
British port. The deportees, if they were to pass through British terri-
tories, would have a legal remedy. They are, therefore, smuggled thro-
ugh a foreign port. As passive resisters, however, theirs is not to comp-
lain. Their duty is simply to go where they are forced to and at the
earliest possible moment to retrace their steps as soon as they become
free agents, and once more challenge the might of the Transvaal
Government.
Indian Opinion, 7-5-1910

1
This cablegram, presumably drafted by Gandhiji, was sent through the
Deputy Governor of the Transvaal on behalf of the British Indian Association by its
Chairman, A. M. Cachalia, on the death of King Edward VII, who had passed away on
6-5-1910.
2
Vide also “Johannesburg”, 2-5-1910

34 THE COLLECTED WORKS OF MAHATMA GANDHI


34. MR. ROYEPPEN AND HIS FRIENDS
Mr. Joseph Royeppen and his companions are making history.
Every passive resister who has come out of Diepkloof has spoken of
Mr. Royeppen and his companions, Messrs Andrew and Joseph, in
most flattering terms. They have taken their imprisonment extremely
well. According to their wont, the Government, evidently to test their
strength, have re-arrested them1 and have deported them. As Mr.
Royeppen states in his letter to the Press, 2 he and his friends have
accepted the Government’s challenge. We congratulate him and his
friends on the brave stand they are making.
But Mr. Royeppen’s letter reveals a most painful state of things
in the gaols of the Transvaal. Much of what Mr. Royeppen has stated
in his letter is generally known. But the details now given by him as to
how they were kept standing barefoot on a cold stone floor, how they
were kept undressed in a draughty passage, how they were handcuffed
and how brutally certain warders dealt with them, revive the memories
of a shocking and disgraceful incident. Such treatment, instead of
unnerving them, has, we are glad to notice, strengthened them in their
resolve to vindicate the national honour.
Mr. Royeppen and his companions have set to the young
Indians in South Africa a brilliant and a noble example worthy to be
followed. They have shown that true happiness lies not in gaining
riches but in moulding character. We trust that the lead given by Mr.
Royeppen will infuse a new spirit into the colonial-born and other
Indians who have their work cut out before them if they wish to take
part in the making of the future South African nation.
Indian Opinion, 7-5-1910

35. OUR PUBLICATIONS


The Bombay Government Gazette of the 24th March last
notifies that Hind Swarajya, Universal Dawn3 , Mustafa Kamel Pasha’s
Speech, and Defence of Socrates or The Story of a True Warrior4 —all
1
Vide “Johannesburg”, 2-5-1910
2
Vide “Indian Barrister’s Gaol Experiences”, Indian Opinion, 7-5-1910.
3
Vide “ Sarvodaya[-I]”, 16-5-1908, “Sarvodaya[-II]”, 28-5-1908, “Sarvodaya
[-III]” 30-5-1908, “Sarvodaya[-IV]”,6-6-1908, “Sarvodaya[-V]”, 13-6-1908,
“Sarvodaya[-VI]”,20-6-1908, “Sarvodaya[-VII]”, 27-6-1908, “Sarvodaya[-VIII]” ,
4-7-1908 & “Sarvodaya[-IX]”, 18-7-1908.
4
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 35


publications of the International Printing Press—have been forfeited
to His Majesty for the reason that they “contain matter declared to be
seditious”.
Hind Swarajya, in the shape of Indian Home Rule, is before our
readers. Universal Dawn is a Gujarati rendering of Ruskin’s Unto This
Last. Mustafa Kamel Pasha’s Speech is a Gujarati translation of the
Egyptian patriot’s speech delivered just before his death before a vast
audience at Cairo. Defence of Socrates or The Story of a True Warrior
is a Gujarati rendering of Plato’s immortal work printed in order to
illustrate the virtue and the true nature of passive resistance. All these
publications, except Hind Swarajya, have been before the public for a
considerable time. They are intended to impart a lofty, moral tone to
the reader and are, in our opinion, works capable of being put into
children’s hands without any danger whatsoever.
But we have no right to complain. We consider this activity on
the part of the Government of India a passing phase. They are in a
state of panic and, wishing to do something, they intend to stop the
circulation of literature that shows the slightest independence of spirit.
This overzeal is bound to kill itself. The really dangerous publications
will seek all kinds of dubious and devious methods of circulation, and
we fear that they will, on that account, be read by the very class whom
the Government intend that they do not reach.
In these circumstances, we, who are uncompromising advocates
of passive resistance, have only one course left open to us. The
repression cannot affect us. Our views can only remain the same, and
they must find expression on every due occasion, regardless of
personal consequences.
We sympathize with the Government of India in their desire to
stop the spread of methods of violence. We would do and give much
to stop it. But the only way we know to eradicate the disease is to
popularize passive resistance of the right stamp. Any other way,
especially repression, must inevitably fail in the long run.
Indian Opinion, 7-5-1910

36. ROYEPPEN
Everyone will admit that Mr. Royeppen and his companions
have rendered excellent service to the community. Mr. Joseph
Royeppen has put his education to the right use. His manner of living

36 THE COLLECTED WORKS OF MAHATMA GANDHI


in gaol was also quite worthy of a satyagrahi. His simplicity was
nothing if not admirable. His fellow-prisoners, Mr. David Andrew and
Mr. Samuel Joseph, also spent their time cheerfully.
These three heroes among Indians will be soon back in gaol. 1
The Government has moved quickly to deport them once again,
counting on the fact that they are yet fresh [satyagrahis]. Its hope is
that they will lose courage and return [to Natal]. It makes one happy
to know that this hope will not be fulfilled.
We give elsewhere a translation of Mr. Royeppen’s letter2 to the
Press; it is worth reading.
[From Gujarati]
Indian Opinion, 7-5-1910

37. LETTER TO MILLIE GRAHAM POLAK


May 8, 1910
MY DEAR MILLIE,

I can think of nothing to write to you about. I therefore give


you the following beautiful thought:
‘Therefore the means of deliverance from all those evils from
which men suffer lies only in one thing, the inner work of each man
upon himself.
“Martha! Martha! thou art anxious and troubled about many
things, but one thing is needful” ’.
I remain with love,
Yours,
BROTHER

From the original: Gandhi-Polak Correspondence. Courtesy: National Archives


of India

1
Vide also “Mr. Royeppen”, 28-5-1910 and “Joseph Royeppen”, 25-5-1910
2
Not reproduced here

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 37


38. LETTER TO W. J. WYBERGH
May 10, 1910
1
DEAR MR. WYBERGH ,

I am exceedingly obliged to you for your very full and valuable


criticism of the little pamphlet on Indian Home Rule. I shall with very
great pleasure send your letter2 to Indian Opinion for publication, and
shall treat this reply likewise.
I entirely reciprocate the sentiments you express in the last
paragraph of your letter. I am quite aware that my views will lead to
many differences of opinion between my staunchest friends and those
whom I have come to regard with respect and myself, but these
differences, so far as I am concerned, can neither diminish respect nor
affect friendly relations.
I am painfully conscious of the imperfections and defects you
point out in your letter, and I know how unworthy I am to handle the
very important problems dealt with in the booklet. But, having had the
position of a publicist practically forced upon me by circums-tances, I
felt bound to write for those for whom Indian Opinion caters. The
choice lay between allowing the readers of Indian Opinion, anxious
though they were for guidance, to drift away in the matter of the
insane violence that is now going on in India, or 3 giving them, no
matter how humble, a lead that they were asking for. The only way I
saw of mitigating violence was the one sketched in the pamphlet.
I share your views that a superficial reader will consider the
pamphlet to be a disloyal production, and I admit, too, that those who
will not distinguish between men and measures, between modern
civilisation and its exponents, will come to that conclusion. And I
accept your proposition that I discourage violence only because I
think it to be both wrong and ineffective, and not because the object
sought to be attained is wrong, that is to say, if it were ever possible,
which I hold it is not, to detach the object from the means adopted to
attain it. I hold that Home Rule obtained by violence would be totally
different in kind from that obtained by the means suggested by me.
I have ventured utterly to condemn modern civilisation because
I hold that the spirit of it is evil. It is possible to show that some of its
1
Member, Legislative Assembly, Transvaal
2
Vide Appendix “W. J. Wybergh’s letter to Gandhiji”, 3-5-1910.
3
A slip for ‘and’

38 THE COLLECTED WORKS OF MAHATMA GANDHI


incidents are good, but I have examined its tendency in the scale of
ethics. I distinguish between the ideals of individuals who have risen
superior to their environment, as also between Christianity and
modern civilisation. Its activity is by no means confined to Europe. Its
blasting influence is now being exhibited in full force in Japan. And it
now threatens to overwhelm India. History teaches us that men who
are in the whirlpool, except in the cases of individuals, will have to
work out their destiny in it but I do submit that those who are still
outside its influence, and those who have a well-tried civilisation to
guide them, should be helped to remain where they are, if only as a
measure of prudence. I claim to have tested the life which modern
civilisation has to give, as also that of the ancient civilisation, and I
cannot help most strongly contesting the idea that the Indian
population requires to be roused by “the lash of competition and the
other material and sensuous, as well as intellectual, stimuli”; I cannot
admit that these will add a single inch to its moral stature. Liberation
in the sense in which I have used the term is undoubtedly the immedi-
ate aim of all humanity. It does not, therefore, follow that the whole of
it can reach it in the same time. But if that liberation is the best thing
attainable by mankind, then, I submit, it is wrong to lower the ideal for
anyone. All the Indian Scriptures have certainly preached incessantly
liberation as an immediate aim, but we know that this preaching has
not resulted in “activity in the lower worlds” being abandoned.
I admit that the term “passive resistance” is a misnomer. I have
used it because, generally speaking, we know what it means. Being a
popular term, it easily appeals to the popular imagination. The
underlying principle is totally opposed to that of violence. It cannot,
therefore, be that “the battle is transferred from the physical to the
mental plane”. The function of violence is to obtain reform by
external means; the function of passive resistance, that is, soul-force, is
to obtain it by growth from within; which, in its turn, is obtained by
self-suffering, self-purification. Violence ever fails; passive resistance
is ever successful. The fight of a passive resister is none the less
spiritual because he fights to win. Indeed, he is obliged to fight to win,
that is, to obtain the mastery of self. Passive resistance is always moral,
never cruel; and any activity, mental or otherwise, which fails in this
test is undoubtedly not passive resistance.
Your argument tends to show that there must be complete
divorce between politics and religion or spirituality. That is what we
see in everyday life under modern conditions. Passive resistance seeks

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 39


to rejoin politics and religion and to test every one of our actions in
the light of ethical principles. That Jesus refused to use soul-force to
turn stones into bread only supports my argument. Modern
civilization is at present engaged in attempting that impossible feat.
The use of soul-force for turning stones into bread would have been
considered, as it is still considered, as black magic. Nor can I hold with
you that motives alone can always decide the question of a particular
act being right or wrong. An ignorant mother may, from the purest
motives, administer a dose of opium to her child. Her motives will not
cure her of her ignorance, nor, in the moral world purge her of the
offence of killing her child. A passive resister, recognising this
principle and knowing that, in spite of the purity of his motives, his
action may be utterly wrong, leaves judgment to the Supreme Being,
and, in attempting to resist what he holds to be wrong, suffers only in
his own person.
Throughout the Bhagavad Gita, I can see no warrant for
holding that a man who can only control “the organs of action” but
cannot help “dwelling in his mind on the objects of the senses” had
better use the organs of action until the mind, too, is under control. In
ordinary practices, we call such use an indulgence, and we know, too,
that, if we can control the flesh even while the spirit is weak, always
wishing that the spirit were equally strong, we will certainly arrive at a
right correspondence. I think the text you have quoted refers to a man
who, for making a show, appears to be controlling the organs of
action, whilst deliberately in his mind dwelling on the objects of the
senses.
I agree with you entirely that a pure passive resister cannot allow
himself to be regarded as a martyr nor can he complain of the
hardships of prison or any other hardships, nor may he make political
capital out of what may appear to be injustice or ill-treatment, much
less may he allow any matter of passive resistance to be advertised. But
all action unfortunately is mixed. Purest passive resistance can exist
only in theory. The anomalies you point out only emphasize the fact
that the Indian passive resisters of the Transvaal are, after all, very
fallible human beings and yet very weak, but I can assure you that
their object is to make their practice correspond with pure passive
resistance as nearly as possible, and, as the struggle progresses, pure
spirits are certainly rising in our midst.
I am free to admit also that all passive resisters are not fired with

40 THE COLLECTED WORKS OF MAHATMA GANDHI


the spirit of love or of truth. Some of us are undoubtedly not free
from vindictiveness and the spirit of hatred; but the desire in us all is
to cure ourselves of hatred and enmity. I have noticed, too, that those
who simply became passive resisters under the glamour of the newness
of the movement or for selfish reasons have fallen away. Pretended
self-suffering cannot last long. Such men never were passive resisters.
It is necessary to discuss the subject of passive resistance somewhat
impersonally. If you say that physical sufferings of soldiers have
vastly exceeded those of the Transvaal passive resisters, I agree with
you entirly; but the sufferings of world-known passive resisters who
deliberately walked into funeral pyres or into boiling cauldrons were
incomparably greater than those of any soldier it is possible to name.
I cannot pretend to speak for Tolstoy, but my reading of his
works has never led me to consider that, in spite of his merciless
analysis of institutions organised and based upon force, that is
governments, he in any way anticipates or contemplates that the whole
world will be able to live in a state of philosophical anarchy. What he
has preached, as, in my opinion, have all world-teachers, is that every
man has to obey the voice of his own conscience, and be his own
master, and seek the Kingdom of God from within. For him there is
no government that can control him without his sanction. Such a man
is superior to all government. And can it be ever dangerous for a lion
to tell a number of other lions who in their ignorance consider
themselves to be merely lambs that they, too, are not lambs but lions?
Some very ignorant lions will no doubt contest the knowing lion’s
proposition. There will, no doubt, on that account be confusion also,
but, no matter how gross the ignorance may be, it will not be
suggested that the lion who knows should sit still and not ask his
fellow-lions to share his majesty and freedom.
It has indeed occurred to me that an anti-Asiatic league which
from pure though entirely misguided motives wishes to deport
Asiatics from the Transvaal, because it may consider them to be an
evil, would be certainly justified, from its own view-point, in violently
attaining its object. It is not open to passive resisters, if they are not
weak, to complain of such, in their opinion, high-handed action, but
for them deportation and worse must be a welcome relief from having
to submit to a course of action which is repugnant to their conscience.
I hope you will not fail to see the beauty of passive resistance in your
own illustration. Supposing that these deportees were capable of
offering physical violence against forcible deportation, and yet from

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 41


pure choice elected to be deported rather than resist deportation, will it
not show superior courage and superior moral fibre in them?
Yours sincerely,
M. K. GANDHI

Indian Opinion, 21-5-1910

39. JOHANNESBURG
Monday [May 9, 1910]

IN GAOL
Mr. Samuel Joseph, Mr. Andrew and Mr. Dhobi Nayana, who
were only recently released and deported, re-entered and went back to
gaol on Friday last. They have been awarded only six weeks. This is
rather surprising. To start with, it was six months, then it became three
months and now it is a month and a half. I do not understand the
reason for this. We need not say that the Government has grown
panicky, for all its actions are dictated by panic. Maybe the
Government wants to empty Diepkloof before the Union comes into
being on June 1. But this is mere guess-work. “Why should it empty
the gaol in this manner?” one cannot help asking. Let us wait and see.
The procession is bound to reach the place of reception, drum and
all.1 To a satyagrahi, it should be the same, six months or six weeks.
S ODHA

[He] was discharged on Saturday. He appeared all right. There


was no sign this time of his having suffered in health as there was last
time. Since he has not been [re-]arrested, he is leaving for Natal to
meet his children and expects to return shortly and join his
fellow-satyagrahis in gaol.2 Mr. Harilal Gandhi, too, left for Phoenix
last Friday for the same purpose.
KING EDWARD

On account of his death, everything is closed in the town today

1
A Gujarati saying, meaning, “The truth of the matter is bound to be known
sooner or later”
2
Vide also “Mr. Sodha’s Discharge”, 14-5-1910

42 THE COLLECTED WORKS OF MAHATMA GANDHI


and black flags were unfurled over offices.
Tuesday [May 10, 1910]

P ETER MOONLIGHT
Mr. Peter Moonlight, who was at one time Chairman of the
Tamils [the Tamil Association], is now under police custody and will
be deported.
TO R OYAL F AMILY
The British Indian Association has sent, through the Deputy
Governor, a telegraphic message1 of condolence to the Royal Family.
Yesterday, all shops were closed. Newspapers have published
long accounts of the career of the late King.
C ASE AGAINST C HINESE
The Chinese are preparing to take an appeal to the Privy Cou-
ncil in the case which they lost in the Supreme Court.2 This is a com-
plicated matter and therefore no definite decision has been taken yet.
Wednesday [May 11, 1910]

DEPORTED
Chinasamy Paul, a boy of 16 years, and Peter Moonlight have
been deported.

[From Gujarati]
Indian Opinion, 14-5-1910

1
Vide “Cable to Royal Family”, After 6-5-1910
2
Vide “The Supreme Court Case”, 7-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 43


40. THE LATE KING1

King Edward is dead and has left an Empire in mourning. The


British Constitution keeps the King outside of politics. It is, therefore,
his personal qualities that alone count in measuring the loss. But these
guide only those whose lives are affected by them. Indians will best
remember His late Majesty as a Sovereign who followed in the
footsteps of his mother of revered memory. Like her, the late King
had shown a warm corner in his bosom for the people of India. And
that will always be a title to our affection for his memory.

Indian Opinion, 14-5-1910

41. LONG LIVE THE KING!

H.R.H. Prince George of Wales is now King George the Fifth of


England and Emperor of India. The King is dead: Long live the King!
are expressions that have to be uttered in the same breath. Individual
Kings and Emperors come and go but Kingship is eternal. The
attributes of that office few Sovereigns are able fully to live up to.
King Edward, in the words of his son, now King George V, wished
that, “so long as he drew breath, he would strive to promote the best
interests of the people”. “That promise”, adds His Majesty, “was
carried out to the best of his father’s ability and it would be his
earnest endeavour, under God, to follow his father’s example in that
respect.” His Majesty asks the prayer of his subjects “that God may
grant him strength and guidance”. That prayer will go up to heaven
from many countries and in many languages. We humbly Join in that
prayer.
Indian Opinion, 14-5-1910

1
This appeared as a boxed item within thick black lines.

44 THE COLLECTED WORKS OF MAHATMA GANDHI


42. MR. V. A. CHETTIAR

Our readers will be glad to possess a portrait of Mr. V. A.


Chettiar, the Chairman of the Tamil Benefit Society. We are issuing
Mr. Chettiar’s portrait with this issue not only because Mr. Chettiar,
old as he is, has gone to gaol for the third time and that his son is now
on the waters, but also by way of compliment to the whole Tamil
community that has worked wonders during the struggle.
Indian Opinion, 14-5-1910

43. MR. SODHA’S DISCHARGE

Mr. R. M. Sodha, who was discharged last Saturday, is one of


the stalwarts whom we mentioned the other day. 1 He has served
imprisonment almost continuously for a year. Mr. Sodha, again, being
an orthodox Hindu, has been obliged to suffer doubly as, during
certain months of the year, he restricts himself to only one meal per
day. Outside the gaol, his one meal will naturally make up more or
less for the absence of the other two. But, in the prison, he had simply
to be satisfied with his portion for the particular meal he chose to take.
But Mr. Sodha went through it all most cheerfully. Mr. Sodha, having
been discharged in the Transvaal and not being deported, has returned
to Natal to see his wife and family, and proposes to return at an early
date to rejoin his fellow-prisoners at Diepkloof. The calmness with
which well-tried passive resisters like Mr. Sodha face imprisonment
again and again does great credit to themselves and the community to
which they belong.
Indian Opinion, 14-5-1910

1
Vide “Johannesburg”, 9-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 45


44. LATE EMPEROR EDWARD1
The whole of the British Empire mourns the death of King
Edward. What is the position of the Indian people? Should-the fact of
their being at present unhappy under British rule prevent them from
joining in the mourning? Those who refrain must be ignorant of the
British Constitution, under which the King takes no active part in the
administration. He cannot change the policy of his Government.
Hence, in judging him, we can only take into account his personal
qualities. Even these have hardly had any impact on the Indian
people. Those alone will feel their effects who acquaint themselves
with his life and reflect over his conduct.
It is enough for us that King Edward followed the example of
his mother, Queen Victoria, and showed love for the Indian people.
He seems to have cherished kindly feelings for them in his heart.
Therefore, the Indian people, whatever their views on British policies,
will always bear the purest affection for the King.
[From Gujarati]
Indian Opinion, 14-5-1910

45. LONG LIVE THE KING!


“The King is dead. Long live the King.” These two sentences
are uttered in the same breath at the time of a king’s death. Kings
come and go. Many have died, and many will die in future. Dara,
Alexandar and others left empty-handed. There is no knowing, thus,
when this body will perish. But kingship lives on. It may be despotic
or benevolent. But British monarchy is neither the one nor the other.
King Edward did all that he could. It was his greatness that he never
thought of interfering in the conduct of the government. He saw that
not to do so was the best way of serving the people. The Prince of
Wales now becomes King George V, the new monarch. It ishis inten-
tion to follow in the footsteps of his father, and he prays to God for
strength2 and guidance and wants his subjects too to pray likewise.
Millions will join in this prayer and we also pray to God to give him
1
This appeared between two thick black lines.
2
Literally, power

46 THE COLLECTED WORKS OF MAHATMA GANDHI


wisdom and strength.
[From Gujarati]
Indian Opinion, 14-5-1910

46. JOHANNESBURG
Monday [May 16, 1910]
C ABLES FROM P OLAK
Three cables have been received from Mr. Polak, in which he
reports that a big meeting was held in Madras when the satyagrahis
reached Bombay. From among them, 26 have already started on the
return voyage. Those who were deported also included some
non-satyagrahis. Mr. Polak also reports the death of one of them. The
authorities have been taken aback by Mr. Polak’s brisk work. I hope
Indians in Durban will welcome and look after those who disembark
there. The Durban Indians can do this at least, ought to do it, namely,
arrange for their lodging, honour them [in public] and send them
back to the Transvaal.
F INE IN DELAGOA BAY
A correspondent informs me that passengers bound for the
Transvaal have to face much harassment in Delagoa Bay. The
physician demands eight shillings. Afterwards, if the passenger holds a
Transvaal pass, they collect £8 from him and then allow him to
disembark. He is charged a further fee of one and a half pounds. He
is made to hand over his pass, and gets a ticket after the pass has been
inspected. He has then to inform the police about his departure. A
person accompanies him as far as the border and there returns £7 to
him after deducting £1. Thus, the Indian remains a prisoner till he
reaches the Transvaal and pays a fine of as much as £3. Not only do
the incoming Indians submit to all this quietly, but the Delagoa Bay
Indians, who are in a position to have matters set right, are too selfish
to move in the matter.
[From Gujarati]
Indian Opinion, 21-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 47


47. THE RETURNED DEPORTEES

Mr. Polak and the 26 returning deportees deserve the thanks of


the Indian community in South Africa, Mr. Polak for the promptness
with which he has sent these men, and the deportees for the bravery
and self-sacrifice they have shown in undertaking the return voyage
within four days of their arrival in Bombay. It must have been to the
latter a great wrench. They went to the mother-country, some of them
perfect strangers to it. They could have seen something of it, had they
stayed, and no one could have taken exception if they had followed
that course, but they chose to put duty before everything else, and,
after a trying voyage as deck-passengers, they have undertaken an
almost equally trying voyage not to find or seek rest after it, but to
brave imprisonment or whatever may be in store for them.
Speculation is rife as to whether these men will be able to land at any
of the South African ports. If they have been domiciled either at the
Cape or in Natal, they should certainly find no difficulty in that. By
the time they arrive, probably the Union Government will be in full
working order. It will be interesting to note how they are dealt with by
that Government. All speculation with reference to their arrival in the
Transvaal is needless, because, whether they are tried as prohibited
immigrants or otherwise, they have but to seek imprisonment, unless
the Government, after having brought them into the Colony, take
them again to Delagoa Bay and deport them to India. Whatever
happens, as passive resisters they have only one course left open, and
that is to abide by their obligation not to submit to the Law until the
grievance for which they have been suffering has been redressed,
irrespective of the results that may follow such a course. The Indians
of Durban, too, have a duty to perform. It will be expected of them
that they receive these passive resisters and make them as comfortable
as possible, and give them such an ovation as would enable them to
know that their self-sacrificing work is being appreciated by their
countrymen throughout South Africa, and to enable the South
African Government to understand that the whole of the Indian
community in South Africa is at the back of the movement.
Indian Opinion, 21-5-1910

48 THE COLLECTED WORKS OF MAHATMA GANDHI


48. HINDUS AND MUSLIMS

C OLONIAL-BORN INDIANS AND OTHERS

We feel ashamed to write under this heading but, ashamed or


not, our duty is to speak the truth.
In Maritzburg, some Hindus and Colonial-born Indians had
applied for trading licences, and also succeeded in obtaining them. We
are prepared, if they so desire, to congratulate them on that. But the
means which they adopted to secure the licences will prove the truth
of the saying: “The heart must pay for what the hand has done.” 1 In
support of their applications, they submitted a statement from certain
whites saying that Hindus and Muslims were not united and that
[therefore] Hindus and Colonial-born Indians must not be obliged to
buy from Muslim shops. And so the whites, in their wisdom, suggested
that the licences should be granted.
So far as we can see, such steps can only lead to unhappy
results. Till now it was only the whites who used to oppose our
applications. Now we see even Indians opposing one another. This
augurs ill [for the community]. We see that Indians are being tempted,
with the support of whites, to profit at one another’s expense. The
wise among the Indians should realize at once that this will bring ruin
to both the communities. A move of this kind betokens complete lack
of vision. We, therefore, entreat Indian leaders to think twice before
they engage in such activities. We look upon everyone, no matter
whether an Indian or not, who creates differences between Hindus and
Muslims or between Colonial-born Indians and other Indians, as an
enemy of the community; such a person will certainly deserve to be
called so. We are emphatic in our view that, if among ourselves one
community gets something more than the other, the latter should
acquiesce in that rather than allow anything to fall into the hands of
the third party.
[From Gujarati]
Indian Opinion, 21-5-1910

1
A Gujarati saying

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 49


49. JOHANNESBURG
Monday [May 23, 1910]
DEPORTEES
Mr. Achary, one of the deportees, in a letter from Zanzibar
dated April 23, writes to say that the deportees were happy on board
the ship. They had some difficulties with the Captain about their food,
but, on the British Consul’s advice, these were satisfactorily settled in
Beira.
OTHER DEPORTEES
Mr. David Ernest and 23 other Indians who were deported by
the Umfuli on the 18th instant were accompanied by Mr. Quinn and
25 other Chinese. The ship is bound for Colombo. There is no
definite information what will happen to the passengers thereafter.
There is a report that the Chinese may be taken to China. Mr. Quinn
reports that the Chinese Consul had made good arrangements for their
food and accommodation. There is also a move by the Chinese to get
the Chinese Minister in Lisbon, the capital of Portugal, to write to the
authorities there.
[From Gujarati]
Indian Opinion, 28-5-1910

50. LETTER TO T. D. PATHER


JOHANNESBURG
May 25, 1910
DEAR MR. PATHER,
I have your letter giving me a full explanation of the two cases
referred to in your letter. I am glad that you are not concerned in any
injustice being done to our countrymen. Indeed, interpreters should
be a source of comfort and help to Indians who come in touch with
them. I am glad you have been helping Mr. Royeppen1 and others.
Yours sincerely,
M. K. GANDHI
MR. T. D. P ATHER
P.O. BOX 1256
DURBAN, N ATAL
From a photostat: G.N. 777

1
Joseph Royeppen

50 THE COLLECTED WORKS OF MAHATMA GANDHI


51. TELEGRAM TO SECRETARY TO VISCOUNT
GLADSTONE1
JOHANNESBURG ,
May 26, 1910
BRITISH INDIAN ASSOCIATION TENDERS RESPECTFUL WEL-
COME TO HIS EXCELLENCY AND LADY GLADSTONE.
ASSOCIATION WILL APPRECIATE APPOINTMENT FOR
RECEIVING SMALL DEPUTATION REGARDING PAINFUL
ASIATIC STRUGGLE GOING ON IN COLONY.
A. M. C ACHALIA
P RESIDENT
Colonial Office Records: Cd. 5363

52. CRIMINAL NEGLECT


Both the Hon. Mr. R. Jameson2 and Mr. W. C. Daugherty3
deserve the thanks not only of the Indian community but also of those
who have the fair name of Durban at heart, for the outspoken manner
in which they have exposed the criminal neglect of the Durban
Corporation in not having attended to the sanitation of a plague-spot
known as the Eastern Vlei Indian Location, containing a population of
nearly 800 Indians whom Mr. Jameson describes as “these
long-suffering, patient and helpless people”. Since 1901, the Indian
tenants have paid the Corporation in rents and rates the sum of £8,508
and have received in return “nothing but a swamp, a water-pipe, and
sanitary services”. “Had they been Europeans”, adds Mr. Jameson,
“this would perforce long since have been righted.” Mr. Daugherty,
who gives details, says that “they suffer in health and comfort and
material prosperity through being overlooked or forgotten in the
improvements which have in every other part of the Borough been
progressing and this notwithstanding that their particular part called
for amelioration more urgently than any other locality. There is not
even a paraffin lamp in the road.” Now this is a terrible indictment.

1
This telegram was presumably drafted by Gandhiji. On June 23, the
Secretary replied that Viscount Gladstone could not receive the deputation. Vide
“Johannes-burg”’ 27-6-1910
2
Chairman of the Sanitary Committee
3
Inspector of Nuisances

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 51


The first thought on reading it is naturally to swear at the Corporation.
That it has neglected the Eastern Vlei Indians in a most shocking
manner is all too true. But maturer consideration must lead to some
heart-searchings among ourselves. We are not inclined to absolve even
the Eastern Vlei Indians entirely from blame. It was, as it is even now,
open to them to decline to live in that swamp. But the chief blame
must rest upon the shoulders of the leaders of the community. It
betrays a want of real communal life. It is possible to understand the
helplessness of the location inmates. But it is impossible to understand
or excuse the apathy of the leaders who should have led and
compelled the Corporation to do its obvious duty. Why would the
place have received prompt attention, had it been inhabited by
Europeans? Surely not because they were Europeans but because their
leaders, if not they themselves, would have moved heaven and earth to
right such a terrible wrong. Europeans would have understood
communal duty, whereas we have not. If, then, the neglect of the
Corporation is criminal, that of our leaders is doubly so. The
Corporation may shelve Mr. Jameson’s letter 1 and Mr. Daugherty’s
report2 . Will our leaders allow it todo so? Here there is simple work for
the various Indian societies. It is work that can bear fruit without much
trouble. They may appoint visiting members to the location, obtain
accurate information, bring the inmates themselves to a sense of their
duty, tell them what they can do themselves, and, last but not least,
they may and should ceaselessly worry the Corporation until it has
done its duty.
Indian Opinion, 28-5-1910

1
Memorandum to the Durban Town Council reproduced in Indian Opinion,
21-5-1910
2
Reproduced in Indian Opinion, 21-5-1910

52 THE COLLECTED WORKS OF MAHATMA GANDHI


53. GERMAN EAST AFRICA LINE’S STEAMERS

We draw the attention of the Agents of the German East Africa


Line to the allegations1 we print in another column made by the
passengers per s.s. Kanzler during her voyage from Bombay which
commenced on the 31st March last. If the allegations are true, they
cast a serious reflection on the officers of the s. s. Kanzler. We hope
that the Company’s Agents will fully investigate the charges made. We
would, at the same time, warn them that, if they remain satisfied with
categorical denials from the officers concerned, it would hardly carry
conviction. Most of the passengers who have given their names are
perhaps available, and it is the duty of the Company’s Agents, if only
for their own interest, to carry on a thorough investigation. We cannot
believe that they would countenance ill-treatment of their passengers,
whether they are Indians or Europeans.
Indian Opinion, 28-5-1910

54. MR. ROYEPPEN

Mr. Joseph Royeppen, after having performed the pilgrimage to


his aged mother and met his relatives whom he had left after only a
short stay with them upon his return from London, has rejoined his
companions and has been imprisoned with hard labour for the second
time for the offence of entering a British Colony. His academic
attainments are no protection to him. His Indian parentage nullifies
the effect of his educational qualifications. Had he been a European,
his accomplishments would have secured for him a warm welcome.
The moral of the tragedy, as Mr. Polak would call this event, is
obvious. For an Indian, the term “British subject” has no meaning in
the Transvaal.
Indian Opinion, 28-5-1910

1
Not reproduced here; the complaints were in respect of sleeping
accommodation, water supply, medical facilities and rough treatment of the Indian
passengers.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 53


55. MORE DISCHARGES
Notable passive resisters continue to be discharged from the
Diepkloof prison. That staunch passive resister, Mr. P. K. Naidoo, and
the quiet volunteer, Mr. Raju Naidoo, together with young Manilal
Gandhi finished their terms of imprisonment on Monday last. Mr. P.
K. Naidoo has served for the fourth time during the campaign of
passive resistance. In order to break his spirit the authorities
re-arrested Mr. Naidoo immediately on his previous discharge. But
Mr. Naidoo was adamant. The gaol had lost all its terror for him.
Without, therefore, asking for a remand in order to enable him to pay
a hurried visit to his family, he accepted the summons to duty. Mr.
Naidoo, it may be recalled, was a member of the volunteer Indian
Ambulance Corps during the Boer War and holds the war medal. But
neither scholastic training nor military service counts for an Indian in
the Transvaal.
Indian Opinion, 28-5-1910

56. FOR COLONIAL-BORN INDIANS


We hope that every Colonial-born Indian will read the annual
report of the Inspector of Education in Basutoland for the year ended
June last. The Inspector, in dealing with the comparative value of
English and that of the Sesuto language for the Basutos, says:
. . . if education is to have any real value for the Basutos, it must be based upon
sound teaching in their own language. Anything which encourages the
teachers to hurry over this stage in order that their pupils may be considered as
belonging to the standards is fatal to education in the true sense of the word. . .
. Among the Natives in Basutoland, the speaking of English is an exotic. It is
an accomplishment and one which, imperfectly acquired, gains for the
exponent little credit with European listeners. . . . Opinion in Basutoland is
practically unanimous that this elementary education should be given in
Sesuto. . . . I would deprecate, therefore, any attempt to me a sure the value of a
school by the number of pupils who are reading English in advanced
reading-books, or to belittle the worth of a school because the only thing
known by the majority of the pupils is Sesuto. A pupil who knows Sesuto
thoroughly can read the Bible and the Pilgrim’s Progress. He can follow the
news of the day in Sesuto newspapers and, in his lighter moments, can even

54 THE COLLECTED WORKS OF MAHATMA GANDHI


read Sesuto novels. Many Europeans have gone far with little more
book-knowledge of their own language than this.
We hope that every Indian will carefully consider these remarks
of the Inspector of Education in Basutoland. If what the Inspector
says be true of the Basutos, how much more must it be so of Indian
youths who receive, in the ordinary schools of the Colony, no
instruction at all in their mother-tongue. Moreover, fine as the Sesuto
language is, we venture to think that it cannot boast the literary merit
of the great Indian languages spoken in the Colony. It must be a
matter of deep shame to any Indian youth to know that he cannot
speak and read his own mother-tongue like an ordinary cultured
Indian. The criminal neglect that is going on among Indian parents
and their children as to the learning by the latter of Indian languages
is calculated almost to denationalize them. Indeed, it is the duty of the
Government, as of the missionaries who are in charge of Indian
schools, to take to heart the very valuable suggestion made by the
Inspector in Basutoland. But, whether they perform their duty or not,
it is evidently the sacred obligation of Indian parents to repair the
mischief while there is yet time. The majority of the Indian children
taught in the ordinary schools of the Colony study neither English
nor their own mother-tongue. The result is that they become useless as
Indians, as citizens of the Colony and are hardly useful as decent
wage-earners.
Indian Opinion, 28-5-1910

57. JOSEPH ROYEPPEN


Mr. Joseph Royeppen is once again in gaol. He has been
sentenced to six weeks’ imprisonment and gone back to do hard
labour for the sake of the motherland. This is fine courage indeed on
Mr. Royeppen’s part. His going to gaol has been, and will be, a great
gain to himself and to the community.
It is no trivial matter that an educated man like Mr. Royeppen
should have to suffer imprisonment the moment he enters the
Transvaal. This incident proves that we are not British subjects, but
slaves.
[From Gujarati]
Indian Opinion, 28-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 55


58. LETTER TO H. KALLENBACH
May 30, 1910
DEAR MR. KALLENBACH,

I have shown your kind letter1 to Mr. Cachalia and other fellow
passive resisters, and I have to thank you for your generous offer on
their and my own behalf. I accept your offer, and I need hardly say to
what extent your offer will relieve the financial pressure.
As to the improvements and additions referred to in paragraphs
2 and 3 of your letter, I shall keep an accurate account which shall be
open to your inspection, and I shall not undertake improvements or
additions without your approval.
I am,
Yours sincerely,
M. K. GANDHI

Indian Opinion, 11-6-1910

1
Which read as follows:
May 30, 1910
DEAR MR. GANDHI,

In accordance with our conversation, I offer to you the use of my farm near
Lawley for passive resisters and their indigent families; the families and passive
resisters to live on the farm free of any rent or charge, as long as the struggle with the
Transvaal Government lasts. They may also use, free of charge, all the buildings not
at present used by me.
Any structural alterations, additions or improvements made by you may be
removed at your pleasure on the termination of occupation, or they will be paid for by
me at a valuation in the usual manner, the terms of payment to be mutually agreed
upon by us.
I propose to pay, at a valuation in the usual manner, [for] all the agricultural
improvements that may have been made by the settlers.
The settlers to withdraw from the farm on the termination of the struggle.
Yours sincerely,
H. KALLENBACH

56 THE COLLECTED WORKS OF MAHATMA GANDHI


59. LETTER TO THE PRESS
JOHANNESBURG ,
June 2, 1910
SIR,

The Union has been ushered in among very general rejoicing


among the European races of South Africa. Asiatics have been also
expected to share in these rejoicings. If they have not been able to
respond to these expectations, the cause, so far at least as the Transvaal
is concerned, is not far to seek. On the day of the advent of Union, 1
nearly sixty families were deprived of their supporters, and were being
maintained out of public funds. On the first working day of the
Union, a cultured Indian and representative Parsee, Mr. Sorabji, who
has already suffered six terms of imprisonment, was re-arrested, after
having been left free for over a month after his last discharge from
Diepkloof; and he is now under order of deportation. Other passive
resisters, too, continue to be arrested. Mr. Joseph Royeppen, the
Barrister and Cambridge Graduate, and his companions are again in
prison. And all this suffering is being imposed because an Act that is
supposed to have become a dead letter has not been repealed, and the
theoretical legal position of British Indians of high attainments to
enter the Transvaal on the same terms as Europeans, British or
otherwise, is not recognised.
What can a Union under which the above state of things is
continued mean to Asiatics, except that it is a combination of hostile
forces arrayed against them? The Empire is supposed to have become
stronger for the Union. Is it to crush by its weight and importance
Asiatic subjects of the Crown? It was no doubt right and proper that
the birth of Union should have been signalised for the Natives of
South Africa by the clemency of the Crown towards Dinizulu2 .
Dinizulu’s discharge will naturally fire the imagination of the South
African Natives. Will it not be equally proper to enable the Asiatics in
South Africa to feel that there is a new and benignant spirit abroad in
South Africa by conceding their demands, which are held, I make

1
Wednesday, June 1, 1910
2
Zulu chief; vide “Late Mr. Arathoon”, 14-12-1907. After release, he was
settled on a farm in the Transvaal, where he died in October 1913.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 57


bold to say, to be intrinsically just by nine out of every ten intelligent
Europeans in this Continent?
Indian Opinion, 11-6-1910

60. BIRTHDAY MESSAGE TO HIS MAJESTY1


[June 3, 1910]
TRANSVAAL BRITISH INDIANS LOYALLY CONGRATULATE
KING-EMPEROR OCCASION BIRTHDAY ANNIVERSARY.

Indian Opinion, 11-6-1910

61. MR. BHAYAT 2


Mr. A. M. Bhayat’s discharge deserves special mention in that
he not only suffered much in health but he is probably the only
representative of the Kholwad section who has braved every danger
and kept up its reputation by going to jail again and again. In
obedience to communal duty, Mr. Bhayat remains undaunted. We
hope that the other merchants will follow Mr. Bhayat’s example.
Indian Opinion, 4-6-1910

62. MR. SORABJI’S RE-ARREST


Mr. Sorabji Shapurji Adajania has been re-arrested. Mr.
Sorabji’s arrest recalls painful memories. He is a devoted son of India.
He is a brilliant representative of a brilliant race—the Parsee. He
belongs to a well-known family in Bombay and he it was who laid the
foundation of the second stage of the struggle. Mr. Sorabji has
already suffered imprisonment six times. He will now be imprisoned
for the seventh time. He has served in the aggregate the longest
term—over sixteen months. The advent of the Union of South Africa
is marked for Indians by the re-arrest of Mr. Sorabji. 3 That the first
working day of the Union should be turned for the Indians in the

1
Presumably drafted by Gandhiji and sent by the British Indian Association.
The date is mentioned in the acknowledgement dated July l, 1910, reproduced in
Indian Opinion, 16-7-1910.
2
Vide also “Bhayat”, 4-6-1910
3
Vide “Letter to the Press”, 2-6-1910

58 THE COLLECTED WORKS OF MAHATMA GANDHI


Transvaal, if not in South Africa, into a day of mourning and a
reminder that the Union to them is meaningless is a sad commentary
on a great epoch in the evolution of the British Empire. Natal is within
the Union. Mr. Sorabji has domicile rights in Natal. He will be
deported to the territories of a member of the Union. What is this
Union? Whom does it unite? What does it unite? Or is it a Union
against the Indian and other Coloured races inhabiting South Africa?
If the Union of South Africa promotes the might of the Empire, are
we or are we not to rejoice over the fact as being members of that
Empire? How will the event strike the new Emperor of India? What
responsibility attaches to the Governor-General of South Africa in this
matter? These are questions which may or may not be rightly
answered. Meanwhile, the brave Mr. Sorabji does his duty and, if
Indians in South Africa mourn over the further sufferings of a
brother, they may rejoice, too, that of Mr. Sorabji the whole of India is
proud and that India’s salvation depends not on external aid but on
internal growth such as is shown by Mr. Sorabji.
Indian Opinion, 4-6-1910

63. BHAYAT 1

We congratulate Mr. A. M. Bhayat on his splendid courage. He


has kept up the honour of the Kholvad community and brought credit
to Heidelberg. He has sanctified gaol. If there had been many Indians
to follow Mr. Bhayat, or if they come forward now, they would have
served or they will serve, both themselves and the community in the
long run. To start with, of course, they may have to suffer, as Mr.
Bhayat has done, and even put up with pecuniary loss. But ultimately
there will be nothing but gain. Mr. Bhayat has even sacrificed his
health for the sake of the community. He has lost weight, but shows
no concern on that account. We must win, no doubt. The credit for the
victory will go to satyagrahis like Mr. Bhayat who have been
repeatedly courting imprisonment.
[From Gujarati]
Indian Opinion, 4-6-1910

1
Vide also “Mr. Bhayat”, 4-6-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 59


64. EXTRACT FROM LETTER TO P. J. MEHTA1
[TOLSTOY F ARM,
After June 4, 1910] 2

. . . I prepare the bread that is required on the farm. The general


opinion about it is that it is well made. Manilal and a few others have
learnt how to prepare it. We put in no yeast and no baking powder.
We grind our own wheat. We have just prepared some marmalade
from the oranges grown on the farm. I have also learnt how to prepare
caramel coffee. It can be given as a beverage even to babies. The
passive resisters on the farm have given up the use of tea and coffee,
and taken to caramel coffee prepared on the farm. It is made from
wheat which is first baked in a certain way and then ground. We
intend to sell our surplus production of the above articles to the public
later on. Just at present, we are working as labourers on the
construction work that is going on, on the farm, and have no time to
produce more of the articles above mentioned than we need for
ourselves.

From M. K. Gandhi and the South African Indian Problem by Dr. P. J. Mehta

65. CABLE TO S. A. B. I. COMMITTEE


JOHANNESBURG ,
June 6, 1910

ROYEPPEN SENTENCED SIX WEEKS. SORABJEE ARRESTED


FOR SEVENTH TIME FIRST OF JUNE, ORDERED TO BE
DEPORTED. BHAYAT DISCHARGED EMACIATED CONDITION AND
SUFFERING FROM INFLUENZA. SHELAT SENTENCED SPARE DIET

1
Gandhiji used to write to Dr. Mehta in Gujarati. The above extract quoted by
Mr. Mehta in his book must be a translation of the original Gujarati, which is not
available.
2
This letter appears to have been written soon after June 4, when Gandhiji
went to stay on Tolstoy Farm, especially from the reference to construction work on
the farm. Vide “Johannesburg”, 13-6-1910

60 THE COLLECTED WORKS OF MAHATMA GANDHI


FOR REFUSING TO CARRY SANITARY PAILS. THREATENED
LASHES.1
GANDHI
Colonial Office Records: Cd. 5363; also
India, 10-6-1910

66. JOHANNESBURG
Monday [June 6, 1910]
DISCHARGED
Major Thomas, Mr. Kuppusamy Naidoo, Mr. T. Narainsami
Pillay and Mr. Papiya Moonsamy were discharged today.
C RUELTY TO S HELAT
These prisoners who have been released have brought the news
that the authorities have been trying to compel Shelat to carry [slop-]
pails. Last week he was sentenced to 24 hours’ solitary confinement
and was put on spare diet. The Governor has now threatened him with
lashes if he persists in his refusal. Mr. Shelat said that he would submit
to that too rather than carry the pails. He will again be tried today in
the gaol. We are not likely to know for some time what happens. A
letter 2 has been addressed to the Government about him.
S ORABJI
Mr. Sorabji has been taken to Pretoria. He writes from there to
say that he is happier in the Charge Office at Pretoria than he was at
Johannesburg.
THAMBI NAIDOO
[He] has been re-arrested. The officials cannot afford to let him
remain free even for a minute. He has an incomparable spirit. What
need is there to write in praise of him? This struggle has produced few
satyagrahis who can be his equals. This is the eighth time that he has
been arrested.
[From Gujarati]
Indian Opinion, 11-6-1910

1
While publishing the cable, India, 10-6-1910, wrote: “Mr. Gandhi adds that
the struggle, nevertheless, will go on until justice has been done.”
2
Vide the following item.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 61


67. LETTER TO THE TRANSVAAL ADMINISTRATOR1
[JOHANNESBURG ,]
June 7, 1910
SIR,

Indian passive resisters discharged yesterday have brought the


information that Mr. Shelat, a Brahmin passive resister, who is serving
imprisonment at Diepkloof, has been once sentenced to solitary
confinement and spare diet for refusing to carry slop-pails on the
ground that such work is contrary to his conscience and religion. The
discharged passive resisters state that Mr. Shelat has been threatened
with the punishment of lashes, if he persists in his disobedience. My
Association is inclined to the belief that the threat, if it has been at all
used,2 is not seriously meant. In any event, my Association
respectfully trusts that the Government will be pleased to spare the
Indian community the shock that is bound to be caused by the
carrying out of the threat.
My Association ventures to draw your attention to the fact that,
during his previous incarceration for conscience’ sake, Mr. Shelat
underwent solitary confinement for over a month for the same cause,
and that the other passive resisters at Diepkloof have stated that they
have no objection to Mr. Shelat’s being excused from the duty of
carrying slop-pails.3
My Association trusts that you will be pleased to give the matter
the attention it deserves.
Indian Opinion, 11-6-1910

1
This letter, presumably drafted by Gandhiji and marked “urgent”, was sent
by E. S. Coovadia, Acting Chairman, British Indian Association, to the
Administrator, Pretoria.
2
The Director of Prisons in his reply of 21st June reproduced in Indian
Opinion, 25-6-1910, said: “No threat of lashes has been made, nor would such a
punishment ever be inflicted for an offence of this nature.”
3
Vide “Letter to Director of Prisons”, 3-5-1910

62 THE COLLECTED WORKS OF MAHATMA GANDHI


68. MR. KALLENBACH’S OFFER
We do not know whom to congratulate most—Mr. Kallenbach
for his highmindedness or the community for having received from
Mr. Kallenbach an offer 1 which may enable passive resisters to go
through the struggle without undue pecuniary strain. The best thanks
that can be rendered to Mr. Kallenbach would undoubtedly be for the
passive resistance families to make use of the offer and to show to
South Africa at large, by exemplary behaviour on the farm, how
worthy they were of such handsome treatment.
The terms of Mr. Kallenbach’s letter 2 are one-sided. He has
given all he legitimately could and has expected no return. He does
not want to develop his estate through the labour of those passive
resisters who could put in their labour without paying them for it. Acts
such as Mr. Kallenbach’s are calculated to bring East and West nearer
in real fellowship than any amount of rhetorical writing or speaking.
We shall watch this experiment with very great interest.
Indian Opinion, 11-6-1910

69. LASHES!
Our Transvaal correspondent reports news this week of the
gravest character. Mr. Shelat has made it a matter of conscience not to
carry slop-pails. During his last incarceration, he was under solitary
confinement for over a month, during which time he had for the most
part only spare diet. We had hoped that this time, with the past
experience to fall back upon, the authorities would let the matter rest
and not force the issue by requiring Mr. Shelat to do that particular
work. On messages received from the prisoners at Diepkloof, it was
represented to the Director of Prisons not to insist on Mr. Shelat doing
the work,3 as the other passive resisters were quite agreeable to the
indulgence being granted him. The Director, however, wrote to Mr.
Cachalia saying that no such relief could be granted. And now we see
the result. For the sake of the people of the Transvaal, we hope that

1
Vide “Letter to H. Kallenbach”, 30-5-1910
2
Dated 30-5-1910; vide footnote of “Letter to H. Kallenbach”, 30-5-1910
3
Vide “Letter to Director of Prisons”, 3-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 63


the authorities will not take the threatened step. To order lashes in
order to compel a man to do anything against his conscience would
be the height of barbarity. As a passive resister, Mr. Shelat will, no
doubt, suffer cheerfully even the penalty of lashes. But for the
authorities to persist in their brutal course can only add to the tension
that already exists among Indians.
Indian Opinion, 11-6-1910

70. MR. THAMBI NAIDOO’S RE-ARREST


The re-arrest of Mr. Thambi Naidoo has followed close upon
that of Mr. Sorabji. It is evident that General Smuts, now that he is
confirmed in his control over Asiatics, wishes to show his firmness by
taking up the bravest passive resisters. We wish him joy of his task. We
hope that we are not doing the great General an injustice in making
him responsible for this sudden activity. To passive resisters, a
lodgment in the gaols of the Transvaal must be a welcome relief so
long as their goal remains unreached.
The re-arrest of Mr. Thambi Naidoo is not without a dramatic
touch. On Monday morning, he met his son who had just been
discharged after three months’ service at Diepkloof. In the afternoon
of the same day he was re-arrested. Thus the father has not been
allowed to remain with the son even for a few days. This, no doubt, is
merely a coincidence. But it shows vividly what the struggle means to
many Indians in the Transvaal.
Mr. Naidoo is one of the most determined and persevering of
passive resisters. Whether in or out of the gaol, he gives himself no
rest. His one aim is to live so as to deserve the high title of passive
resister as the term is understood among the strugglers in the
Transvaal. Mr. Naidoo, like Mr. Sorabji, is among the brightest stars
of the Indian community in South Africa.
Indian Opinion, 11-6-1910

71. LASHES!
Mr. Shelat may even be flogged for refusing to carry slop-pails.
Should this really happen, will the Indians of South Africa merely
look on? If Mr. Shelat is flogged, for whom will it be? And who are

64 THE COLLECTED WORKS OF MAHATMA GANDHI


those who will log him? Our hair stands on end as we contemplate
this. If Mr. Shelat refuses to carry pails, what is that to us?—someone
may ask. Such an attitude will betray sheer want of sense. Today it is
Mr. Shelat, tomorrow it may be the turn of another Indian. What
matters is that Mr. Shelat has made the question of carrying pails a
religious issue. On an issue like that, no one will be justified in
inflicting cruelty on another. On the contrary, when a person shows
himself prepared to suffer on such an issue, every sincere man of
religion owes it as a duty to defend him even if he happens to have
adopted a mistaken attitude. Otherwise, man will not be able to defend
his freedom, and where there is no freedom of thought and action,
there can be no religion. In the absence of religion, a people cannot
but perish. We, therefore, hope that, if Mr. Shelat is subjected to such
cruelty, Indians everywhere in South Africa will raise a strong protest
and make their views known to the Government.
[From Gujarati]
Indian Opinion, 11-6-1910

72. NAIDOO
Mr. Thambi Naidoo and Mr. Sorabji—these two satyagrahis
make a remarkable pair. The moment Mr. Sorabji was arrested, they
pounced upon Mr. Thambi Naidoo. He was arrested on the very day
on which his son was released. This is no ordinary matter.
Now that General Smuts is confirmed in his office, he is striking
with greater force. Satyagrahis are not likely to be intimidated by this.
It is their business to suffer and therefore they have come to feel at
home in gaol like fish in water. As long as there are such staunch
Indians, the ultimate victory for the community will never be in doubt.
All the same, other Indians, too, must do their duty to the best of their
ability. There are many ways of doing this, which we have mentioned
from time to time. We hope the community will derive inspiration
from the example of Mr. Thambi Naidoo and other satyagrahis.
[From Gujarati]
Indian Opinion, 11-6-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 65


73. KALLENBACH’S GIFT
We place a very high value on Mr. Kallenbach’s offer of his
farm for the benefit of satyagrahis. If the families of the latter use it
well, we shall have no occasion for anxiety, however long the struggle
lasts. There will be much saving in expenditure, and those who settle
on the farm will learn to be happy. They will have, on the farm, a
noble life in place of the unclean and monotonous ways of town-life.
Moreover, what they will learn on the farm will prove useful for a
life-time. Indeed, we have said in the past that the Indian community
would be well rewarded if it were to take to agriculture and would be
saved the anxieties incidental to business. We have to pay a heavy
price for not recognizing the value of this best of occupations.
We hope the leaders [of the community] will address letters of
thanks to Mr. Kallenbach. His gift will be appreciated at its proper
worth only when Indians settle there in large numbers.
[From Gujarati]
Indian Opinion, 11-6-1910

74. JOHANNESBURG
Monday [June 13, 1910]
TOLSTOY F ARM
Mr. Kallenbach has given the name “Tolstoy Farm” to the
farm which he has offered for [the use of] the satyagrahi families. He
has great faith in Count Tolstoy’s teaching and tries to live up to it.
He himself wants to live on the farm and follow a simple mode of life.
It appears Mr. Kallenbach will gradually give up his work as architect
and live in complete poverty.
Mr. Kallenbach has rendered a valuable service by offering the
use of his farm, but more so by deciding to live among our people.
He has also agreed to look after the womenfolk in the absence of Mr.
Gandhi. That any white should be moved by such a spirit must be
attributed to the power of satyagraha.
The farm measures about 1100 acres, being two miles in length
and three quarters of a mile in breadth. It is situated near Lawley

66 THE COLLECTED WORKS OF MAHATMA GANDHI


Station, 22 miles from Johannesburg. It takes twenty minutes to walk
down from the station to the farm. By rail, it generally takes about one
and a half hours to reach it from here.
The soil appears to be fertile. The farm has about a thousand
fruit-bearing trees growing on it. There are peaches, apricots, figs,
almonds, walnuts, etc. In addition, there are eucalyptus and wattle
trees.
The farm has two wells and a small spring. The landscape is
beautiful. At the head there is a hill, with some more or less level land
at the foot.
Mr. Kallenbach, Mr. Gandhi and his two sons have already
settled on the farm since June 4. They are busy making arrangements
for satyagrahis to go over there. Mr. Kallenbach and Mr. Gandhi
come to the town every Monday and Thursday and spend the other
days on the farm.
Last Sunday, some leading Tamil ladies, accompanied by Mr.
Thambi Naidoo and Mr. Gopal Naidoo, went over there to have a look
round. They spent the whole day on the farm. Mr. Kallenbach, Mr.
Gandhi and his son cooked a meal for them. Mr. Kallenbach showed
them round the farm and they all appeared satisfied. Mr. Gopal
Naidoo, who had already made up his mind to live there, has stayed
on. Mr. Moosa Nathi, too, who runs a shop nearby, came the same day
and promised every possible help. Construction work has started now
and some buildings are expected to be ready by the end of this
month.
This is a very important venture. Its roots go deep; it is up to the
satyagrahis who settle there to make it bear sweet fruit by the way they
live.

[From Gujarati]
Indian Opinion, 18-6-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 67


75. LETTER TO MAGANLAL GANDHI
[About June 15, 1910] 1

CHI. MAGANLAL,

I have not forgotten about the letter regarding the steamer. I


shall send you the statement when I find time.
There was a letter from Chhaganlal written before his departure.
I am not worried about him now. I hope he will fully recover his
health in England.
I have decided to send Chanchal2 to India. Please find out some
company for her and send her immediately. I am not likely to go
there. Harilal wants a second-class ticket to be bought for her and we
shall do so. I hear that Motilal’s3 wife is going. Chanchal may go even
in the company of some good man. If she has the courage, she need
not wait for me.
For sending the sandals, there is no need to search for a person
coming here. The pair I am using is almost worn out. You may send
Manilal’s pair too if it is there. Manilal says that his silk suit is lying
there. Please send that too along with the sandals. Perhaps all this can
be sent by a goods train. Please send these things by the cheapest
means. It will be as well if you send them directly to the Farm.
Blessings from
MOHANDAS
[PS.]
More on the reverse side.4

From a handwritten copy of the Gujarati original: C.W. 4930 Courtesy:


Radhabehn Choudhri

1
Chhaganlal Gandhi, Gandhiji’s nephew, whose letter is referred to in the
second paragraph, left India for England on June 1, 1910. It took about 17 days for
the post to reach South Africa from India.
2
Wife of Harilal, Gandhiji’s eldest son
3
Motilal M. Dewan, a leading Indian of Natal
4
Not available

68 THE COLLECTED WORKS OF MAHATMA GANDHI


76. PASSIVE RESISTERS
Of the twenty-six passive resisters who were deported and who
had immediately returned from Bombay 1 and who arrived at Durban
on Sunday last, only thirteen have been allowed to land, the claims of
the other nine who stated that they were domiciled in the Colony
having for the time being been rejected. Efforts were made to induce
the Principal Immigration Officer to allow the others to land, subject
to security being given for their return should they fail to establish
their claim. But the officer was adamant and refused to grant this
reasonable facility. These men, therefore, have been obliged to
undertake almost without a break a trying voyage for the third time.
Though British subjects, they have been rejected first by one British
Colony and then by another. And so misery is added to misery and
discontent to discontent. But the men who have been forced to go
back have that stuff in them of which heroes are made. They have
gone not dispirited but invigorated by their trials, and the
determination with which they have borne themselves hitherto will
carry them to their goal.
The community is proud of them and so should the Empire in
whose name they have been so shabbily treated by Natal. They have
set a noble example in deeds worthy of imitation by Indians
throughout South Africa.
The task before those who have been landed is simple. They
have to challenge the Transvaal Government, now part of the Union
Government, to re-arrest and re-imprison or re-deport them. A true
passive resister, Wordsworth’s Warrior, has only one goal before him
and that is to do his duty, cost what it may.
Indian Opinion, 18-6-1910

77. SATYAGRAHIS
The 26 satyagrahis who came back from India arrived [in
Durban] but all of them did not disembark. This is partly our fault.
How is it that nine of them could not disembark, though they had a
right to be in Natal? But this is not a time to look for faults. We want

1
Vide “The Returned Deportees”, 21-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 69


the community to realize that satyagrahis are its true servants and
precious jewels, and so to look after them and encourage them. For
satyagrahis, public honour and parties should have little attraction.
Their duty is merely to do and to suffer. It is the duty of the
community, however, to look after them. They are our army, our
“Tommies”. We have learnt from experience that all satyagrahis are
not full of satya [truth]. But we need not concern ourselves with this.
We must, for the time being, accept as such anyone who claims to be a
satyagrahi. In fact, of course, no one can be accepted as a true
satyagrahi till he has met death, being faithful to his pledge right up to
the end.
As for some of them having had to return, let us not mind it.
They are being hardened. This will be their third voyage at a running.
It is up to the community to bring them back. Their own duty is to
have patience. Moreover, we are justified in saying that we should not
mind their having had to return because the incident exposes the
despotic attitude of the Union Government. Why were these men not
given full opportunity to establish their right? Why were they not
allowed to stay in Durban? The more we suffer, the stronger becomes
our case. The more the people suffer, the greater will be our rise and
the sooner will our freedom come. Therefore, though it is a discredit
to us that the Indians had to return, the incident may yet do us good.
[From Gujarati]
Indian Opinion, 18-6-1910

78. JOHANNESBURG
Monday [June 20, 1910]
S ATYAGRAHI F ARM
There has been feverish activity on the farm to complete the
arrangement for women. Mr. Kallenbach is busy with building
operations. The foundation has been laid for a chawl fifty feet long. It
is a stone foundation, and Mr. Chinan, Mr. Kuppusamy Naidoo, Mr.
Manilal Gandhi and Mr. Gandhi have been working at stone-rolling
side by side with the Kaffirs. Stones are available on the farm itself,
but they have to be carried from the hill to the building-site. Mr.
Gopal Naidoo attends to cooking. In all, there are six Indians and Mr.
Kallenbach living together, with a common mess. All the dishes are

70 THE COLLECTED WORKS OF MAHATMA GANDHI


prepared in Indian style. In the morning, those who want a breakfast
have bread and also coffee made from roasted wheat. The bread is
made at home, without the use of yeast. It is prepared from boer meal
and whole meal. At lunch, they have rice and curry, and bread with
home-made jam prepared from oranges growing on the farm. For
dinner, there is porridge, and bread and jam. Butter is not used, the
ghee employed in cooking being considered sufficient. In the
afternoon and at night, they have dry fruit and groundnut, if either is
at hand. Modifications, if necessary, will be made in this diet after the
women join. I am both surprised and glad that Mr. Kallenbach lives
amidst this group like a member of the family.
DAVID ANDREW
Mr. David Andrew, Mr. Samuel Joseph and Mr. Dhobi Nayana
will be free for eight days. They will be deported next Friday.
Mr. David Andrew and Mr. Samuel Joseph are staying with the
Chairman of the Chinese Association at his invitation. They have been
put up in the Chinese Club. It is a very well-run club. One really feels
the absence of such a building for Indians.
THAMBI NAIDOO
It is not yet known where he is to be taken. There are four other
satyagrahis with him.
NEW P ARTIES
So far, there were the Het Volk, the Union and the Bond parties
in the Transvaal, the Orange Colony and the Cape Colony,
respectively. Efforts are now being made by Mr. Botha and his friends
to amalgamate the three under the name of the South Africa Party.
The Progressive Party has been renamed the Unionist Party.
HOSKEN
He has been trying to enter the new Parliament. There is some
ground to hope that he will succeed.
MADRESSA P UPILS
These pupils were examined by Imam Saheb Bawazeer and the
Moulvi Saheb here. The successful ones among them were awarded
prizes.
[From Gujarati]
Indian Opinion, 25-6-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 71


79. INDIANS UNDER THE UNION

The placing of the Native question above party politics, and the fair and
sympathetic treatment of the Coloured races in a broad and liberal spirit; the
encouragement of European and the prevention of Asiatic immigration into
South Africa.
—General Botha’s Manifesto.

To improve the social conditions of the people by opposing the introduction


of Asiatics into South Africa, while securing fair treatment for those now
lawfully settled in the country; a Commission to be appointed as soon as
possible to investigate and report upon the special labour conditions
prevailing in Natal, in order to bring them into harmony at the earliest
possible date with this principle without detriment to established industries.
—Unionist Party’s Programme.

We leave placed in juxtaposition extracts from General Botha’s


manifesto and the programme of Dr. Jameson’s new party. The
reader will see that there is not much to choose between the two, that
the statements are as vague as they possibly can be, and that the
authors of the two documents consider that Asiatic immigration is
inimical to improvement in the social status of Europeans residing in
South Africa. Both documents desire the prevention of such
immigration. The Unionist programme qualifies the desire by adding
that fair treatment for those now lawfully settled in the country should
be secured. That programme contemplates also an investigation into
the labour conditions of Natal. British Indians throughout South
Africa, then, must be prepared during the coming months for
anti-Asiatic activity on a much larger scale than hitherto. The
prospect, however, is by no means black or hopeless, if the different
sections of the community scattered throughout South Africa will
realise the significance of the statements we have above quoted and do
the needful in order to combat the reactionary policy foreshadowed
by them. In doing so, however, they will have to recognise
well-defined limitations. Control of Asiatic immigration we are bound
to put up with and recognise, but total exclusion amounting to a
national insult must be considered by every Indian worth his salt to be
an impossibility. It appears to us that no sacrifice that may be made
by the resident community in South Africa will be too great in order

72 THE COLLECTED WORKS OF MAHATMA GANDHI


to avert, such a calamity. We hold that this sort of equality is the
corner-stone of the Imperial edifice, and that Indians who suffer in
their attempt to make good the position will have deserved well not
only of India but of the whole Empire. The two manifestos
demonstrate the greatness of the struggle that is now going on in the
Transvaal. We hope that our countrymen in this continent will
carefully study the programme of the two parties, and do theirduty at
what is a critical juncture in the history of British Indians in South
Africa.
Indian Opinion, 25-6-1910

80. GENERAL BOTHA’S VIEWS


The manifesto of his party, which General Botha has issued, sets
out his views about us. These are worth studying. He wants European
immigration into South Africa to be encouraged and Asiatic
immigration to be stopped.
Dr. Jameson’s party also sets out identical views. Its manifesto
states, however, that Asiatics who are already settled in South Africa
should be treated well, that the question of allowing indentured labour
into Natal should be carefully examined and that it should even be
stopped altogether if the existing interests of the industry did not
suffer thereby.
Thus, the leaders of both the parties want to stop Asiatic
immigration. Their manifestos, however, are couched in such terms
that they will bear any interpretation that one may choose to put upon
them. For us, of course, they have only one meaning, namely, that
there is imminent danger to us. We may understand the view that too
many Indians should not be allowed into South Africa. That is a
hardship we cannot escape. When, however, we are told that we cannot
enter just because we are Asiatics, it is the whole of India that is being
insulted. We believe no Indian will put up with such an insult.
Whatever the consequences of our refusal, we must bear them. For
that, as we should like to show to every Indian, we must start preparing
ourselves right now. Otherwise, steps will be taken under the Union to
uproot Indians from South Africa altogether.
We take this opportunity to remind Indians that the Transvaal
campaign is a powerful source of strength [to them]. It is in their

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 73


interest to see that the campaign is kept up.
[From Gujarati]
Indian Opinion, 25-6-1910

81. SPEECH AT SOCIALIST HALL1


[JOHANNESBURG ,
June 26, 1910]
Mr. M. K. Gandhi delivered an interesting and well thought-out address last
night at the Socialist Hall, Market Street, under the auspices of the Socialist
Committee, entitled “Modern as Compared with Ancient Civilisation”. The hall was
crowded.
Mr. Gandhi prefaced his remarks with an apology to those who might differ
from his views, and excused himself on the ground that he was an ardent searcher after
truth. Modern civilisation, he said, could be summed up by two expressions. One was
that it represented ceaseless activity, and the second was that it aimed at the
annihilation of space and time. Everybody nowadays appeared to be preoccupied, and
to him that appeared a dangerous symptom. They were all so intent upon earning
bread and butter that they had no time for anything else.
Modern civilisation made them materialistic, made them concentrate their
thoughts upon their bodies and upon the means of multiplying bodily comforts.
Herbert Spencer had summed up the modern man by saying that the civilized man led a
complex life as opposed to the entirely simple life of the savage. The source from
which the Asiatic trouble arose in the Transvaal was that the Asiatic’s wants were
very simple, whereas those of the European were complex and therefore expensive.
The tendency of modern methods went to make the Native’s life more complex. While
the wants of the raw Native were easily satisfied, the more enlightened of them
required many more embellishments. Thus, they required more money, and when they
found they could not get it honestly, they resorted to dishonesty.
After 18 years of study devoted to the consideration of the question, he had
come to the conclusion that instead of there being a change for the better, there had

1
Indian Opinion, 2-7-1910, published a brief summary in the following
words: The speaker said that modern civilization was expressed in an attempt to
annihilate time and space and in excessive care for the body. The rush of modern life
left little time for higher thoughts. It looked downward to the earth, whereas ancient
civilization looked upward to Heaven. It kept the body subservient to the soul. It was
based on the force of love. It avoided the hateful spirit of competition. It was best
expressed in village life as against modern town life.

74 THE COLLECTED WORKS OF MAHATMA GANDHI


been a change for the worse. (Applause.) He found that the simple life was better than
the complex, in that they found time to devote attention to higher pursuits. In ancient
civilisation, there had been no rush whatsoever. They nowadays looked downwards to
the earth; in those days they looked upwards to Heaven. They did not concentrate
upon the body but upon the soul, which they kept quite distinct from the soul [sic].
The flesh was not the be-all and the end-all of life. Now was the service of
Mammon; then was the service of God. If he did not think that the soul existed and if
he did not recognise that in all of them there were identical souls, then he for one
would not like to live upon this earth. He would like to die. The body was the vehicle
subservient to the soul. The body was simply earth, dross and objectionable.
Ancient civilisation made them look to the higher pursuits of life, the love of
God, the respect of a neighbour and the consciousness of the existence of the soul.
The sooner they returned to the life, the better.

Rand Daily Mail, 27-6-1910

82. JOHANNESBURG
Monday [June 27, 1910]
MEMBERS OF NATAL BATCH
Messrs Ram Bihari, Rajkumar, Burjorsingh, Kajee Dadamia,
Essop Kolia, P. K. Desai, Kara Nanji and Tulsi Jutha, members of the
Natal batch who were sentenced to three months’ imprisonment on
March 24, have been released. All of them are in good cheer.
DEPUTATION TO LORD GLADSTONE
Mr. Cachalia had written to Lord Gladstone, 1 soon after the
latter’s arrival, that a deputation would wait on him. A reply2 has now
been received that he could not receive the deputation, for, as the
Ministers point out, he has already had a number of discussions with
the Association about the agitation. This means that satyagrahis have
only their own strength to rely on.
THAMBI NAIDOO
[He] is still lodged in Pretoria. It has not been decided where he
is to be sent.

1
Vide “Telegram to Secretary to Viscount Gladstone”, 26-5-1910
2
Dated 23-6-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 75


DAVID ANDREW
[Mr. David Andrew,] Mr. Samuel Joseph and Mr. Nayana have
been removed to Pretoria for being deported again.
TOLSTOY F ARM
A school has now been opened on this Farm. Mr. Gandhi
teaches every day between two and five, except on Mondays and
Thursdays. The [only] pupils at present are Mr. Gopal, Mr. Chinan,
Mr. Kuppusami and his two sons.
Construction work is in progress. Seven Indian carpenters have
gone there to work gratis. They were got together by Mr. Cachalia,
Mr. Aswat, Mr. Fancy and others. About sixty carpenters assembled
on Sunday. It was resolved then that those carpenters who could not
go to work on the Farm should pay 12 s each. Many of them paid this
amount and seven went to the Farm. For some time, they will offer
their services free. They deserve congratulations on their spirit of
community service.
Messrs Bihari, Rajkumar, Pragji Desai, Burjorsingh and
Coomarsami Padiachy went to the Farm on Monday to settle there.
They will remain there till they are arrested.
The Farm is in need of a number of things. The requirements
will increase when children arrive. Those who do not take active part
in the struggle by going to gaol can help in other ways. The object of
settling on the Farm is to save expenses; also, those who go there will
undergo some training. Much saving may result if everyone of those
who do not go to gaol offers a little help. Tradesmen can supply
things free or at reduced prices. Fruit- and vegetable-dealers can send
these things from time to time. To send small quantities will be no
burden to them, and the movement will get some help. Some
fruit-dealers have expressed their readiness to help in this way. The
following are the chief needs of the Farm at present:
Blankets or cotton mattresses
Wooden planks
Empty kerosene tins
Clean gunny bags or gunny-bag cloth or hessian
Any implements, such as hoes and spades, needles, sewing
thread, etc.
Coarse cloth of any kind

76 THE COLLECTED WORKS OF MAHATMA GANDHI


Books for use in school
Fruits and vegetables
Cooking utensils
Foodgrains of any kind.
This is a hastily drawn-up list. There are many useful things of a
similar nature which most Indians can send with a little effort. All that
is needed is interest and sympathy. Things sent to the Farm should be
addressed as follows:
Mr. Gandhi, Tolstoy Farm, Lawley, Transvaal.
Mr. Maimee and Mr. B. P. Ebrahim went to see the Farm on
Sunday.
MR. G ANDHI’S S PEECH AT S OCIALIST S OCIETY
At the invitation of the Society, Mr. Gandhi delivered a speech
in the Society’s hall on Sunday last. The move was initiated by Mr.
Crawford, a Town Councillor. The speech was a comparison of
ancient and modern civilizations. The hall was packed with whites.
Some Indians, too, werepresent. A summary of the speech1 has
appeared in the Daily Mail. Its main theme was that ancient
civilization was better than modern. The latter is selfish, godless and
hypocritical. In this civilization, the chief object of man’s endeavour
is physical happiness. In the days of ancient civilization, men were
kind, God-fearing and simple and looked upon the body as a means
of spiritual uplift. It is necessary to revert to the ancient way of life
and for that purpose to adopt simplicity and village life. The speech
was followed by numerous questions and answers and a lengthy
discussion. The audience appeared to have been well impressed.
[From Gujarati]
Indian Opinion, 2-7-1910

1
Vide “Speech at Socialist Hall”, 26-5-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 77


83. LETTER TO MAGANLAL GANDHI
Jeth Vadi 2 [Samvat 1966]
[June 29, 1910]
CHI. MAGANLAL,

I write nothing more about Thaker, as I have sent you his long
letter.
I think I do have with me the dates of the Boer War in
newspaper cuttings or somewhere else. I have no time to find them out
just now. This also I write from the Farm. I shall arrange to get them
for you if you particularly want them. I only remember that this
Corps was formed in the November of 1899.
Blessings from
MOHANDAS
From the original Gujarati in Gandhiji’s hand: C.W. 4924 Courtesy:
Radhabehn Choudhri

84. AN AGREEMENT
[June 1910] 1
1. K. is not to undertake any expense or improvements on the
Lawley Farm without consultation with G. and without his approval.
2. During the presence at the Farm of G., K. is free to
temporarily absent himself unless his presence is by both himself and
G. considered necessary.
3. During the absence of G., K. to be at the Farm and supervise
the settlers.
4. K. to plan and assist in the buildings and improvements not
merely by supervising but working himself.
5. K. to live separately from the settlers and to board also
separately with the option to join the common board if he is so
inclined.
1
The pact was evidently drawn up during this period after the addressee’s offer
of his farm near Lawley for the use of passive resisters and their families; vide “Letter
to H. Kallenbach”, 30-5-1910.

78 THE COLLECTED WORKS OF MAHATMA GANDHI


6. G. to live in the same place with K. but to be free, if necessary
for the settlement, to live and board with the settlers.
7. The primary object of going to the Farm, so far as K. and G.
are concerned, is to make themselves into working farm hands.
8. K. is not to cherish the notion of making the Farm a
commercial or speculative enterprise ≈ this does not debar him from
making it naturally a profitable concern.
9. K. is to control absolutely the settlement on the Farm of
Europeans, G. of Indians or Chinese.
10. It is understood that the ideal is not to employ native labour
and not to use machinery.

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

85. CABLE TO S.A.B.I. COMMITTEE


JOHANNESBURG ,
July 1, 1910
DEPORTEES REJECTED BY NATAL. 1 RETURNED TO
ZANZIBAR; PREVENTED LANDING THERE. THAMBI NAIDOO
AND OTHERS DEPORTED; RETURNED, SENTENCED. ROYEPPEN
DISCHARGED, BEING DEPORTED.
M. K. GANDHI
Cd. 5363

86. SATYAGRAHI FARM


We draw the attention of readers to the accounts of Satyagrahi
Farm which have been published. Everyone can see that valuable work
is being done on the Farm. The number of settlers is increasing. It
should be noted, moreover, that support to the Farm will ensure an
early end to the struggle. Even if this is prolonged, it will be seen that
arrangements have been made on the Farm which will enable people
1
In April, 60 satyagrahis were deported to India. On reaching Bombay, 26
sailed back to court re-arrest. On arrival at Durban, 9 were refused permission to land
and sent back. En route, they attempted landing at Zanzibar. Vide also “Passive
Resisters”, 18-6-1910, “Satyagrahis”, 18-6-1910 and “Johannesburg”, 9-7-1910.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 79


to continue the fight without anxiety.
At a time such as this, what is the duty of those who do not take
active part in the movement by going to gaol? Every Indian can help
reduce to the minimum the cost of maintaining the satyagrahis on the
Farm and make things easier for them. Much saving can be effected if
everyone follows the carpenters’ example.1 Every drop, as they say,
helps to fill the lake: if, likewise, Indians in large numbers help a little
apiece, none of them will feel the pinch. Every Indian should ponder
over this matter.
[From Gujarati]
Indian Opinion, 2-7-1910

87. SWAMIJI’S SPEECH IN THE “MERCURY”


The K. A. Mandal2 gave a party which was a credit to the
community. A summary of Swamiji’s 3 speech on the occasion was
sent by someone to The [Natal] Mercury. The latter printed it under
the caption, “Wise Speech”. Judging, however, from the Mercury
report, the speech is certainly not satisfactory from the standpoint of
Indians. Whoever sent the report to the Mercury has done no service to
the community or to Swamiji. The secretaries of the K. A. Mandal
have issued a mild contradiction. They have sent the statement to us
for publication; however, as we have not printed the Mercury report,
there is no need to publish the letter from the Mandal. But we ought
to state that, since the Mandal has contradicted a specific portion of
the report, it has admitted the correctness of the rest. If this
assumption is right, the portion that is detrimental to the community
stands confirmed. Those who heard the speech say that Swamiji did
criticize satyagraha, as stated in the part of the report which the K. A.
Mandal has not contradicted. One can understand, therefore, that the
secretaries of the Mandal cannot go beyond what they have said. We
are sorry that Swamiji made such comments and offered advice to the
people concerning the laws. But we do not think it likely that a

1
Vide “Johannesburg”, 27-6-1910.
2
Kathiawad Arya Mandal, a Durban association of Arya Samajist Hindus from
Saurashtra
3
Shankeranand, a Hindu missionary who was in South Africa from 1908 to
1910

80 THE COLLECTED WORKS OF MAHATMA GANDHI


satyagrahi will abandon what he considers to be truth or give up his
pledge because of such criticism.
[From Gujarati]
Indian Opinion, 2-7-1910

88. COLOUR PREJUDICE


America is regarded as a free country. It is claimed that
everyone enjoys the fullest freedom there. A great many people, we
find, are inclined to imitate America. Men are dazzled by her
industry. But, on deeper reflection, we shall see that there is not much
in America worthy of imitation. The people there are given over to the
worship of self and of mammon. For money they will do the meanest
things. Only a short while ago, we saw this exemplified in Dr. Cook’s
case.
There are reports now [which suggest] that even the freedom
which the Americans boast of is vanishing. Colour prejudice is on the
increase. Indians have enjoyed voting rights till this day. An official
has now discovered that the framers of the Constitution could never
have intended the granting of the franchise to Asiatics. He believes
that not only Indians but even Turks should be denied the right to
vote. Though the vast majority of the Turkish people are
white-skinned, the official has pointed out that they are, after all,
Asiatics.
The agitation against Asiatics going on in the West is likely to
have grave consequences. We are not thinking just now of what China
and Turkey will do. It is the duty of every Indian to think of what
India should do. Japan has shown one way, that of proving one’s
strength and defending one’s land with [the power of] arms.
Following that way, Japan has become like America and the imitation
will soon be perfect, if it is not already so. To us it appears that, if we
wish to avoid being found in America’s predicament, we had better
refrain from training in the use of arms. Behind the venturesome spirit
of America is her armed strength.
All that India has to do to hold her own is to preserve her
ancient civilization, eliminating only its defects. The kind of racial
discrimination which America practises, we have practised against our
own people in India. Once there were many reformers in the West who

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 81


had hoped and desired that the people there would shun such
discrimination, but that is no more so. They have now begun to say
that there must be no mixing with the Coloured races, that the Asiatics
must be kept down. We think this movement will grow stronger rather
than otherwise—it cannot but do so. Where people are concerned only
with self-interest, it is not possible that they will allow others a
foothold. Since their selfishness is mounting, their hostility to us will
also grow. Self-interest will make them fight among themselves, too—
even today they are fighting. That is a characteristic aspect of Western
civilization. If we imitate the Western people, we may succeed for a
time in mixing with them but subsequently we would also be blinded
by selfishness and fight with them and fight among ourselves, too.
Someone may argue that even today we are fighting among
ourselves. True. but our fighting is of a different kind. We must of
course put an end to this. But we should be careful to see that in our
attempt to mend matters we do not cause greater harm instead.
[From Gujarati]
Indian Opinion, 2-7-1910

89. SPEECH AT TOLSTOY FARM1


Sunday, July 3, 1910

. . . Mr. Gandhi invited all to promote the success of the scheme by sending
whatever they could for the use of the settlers who were all poor. They would thereby,
the speaker said, materially assist the struggle.

Indian Opinion, 9-7-1910

1
At the meeting which passed a resolution thanking Kallenbach; vide
“Johannesburg”, 9-7-1910

82 THE COLLECTED WORKS OF MAHATMA GANDHI


90. LETTER TO PRIVATE SECRETARY TO
GOVERNOR-GENERAL1
[JOHANNESBURG ,]
July 4, 1910
SIR,
The Committee of my Association has decided to approach His
Excellency2 with a view to the presentation of a humble and loyal
address3 of welcome, on His Excellency’s approaching visit to
Johannesburg; but my Committee has hesitated by reason of a hitch
that occurred at the time of the presentation of an address to Lord
Selborne4 . My Committee was then at first advised that the
Association’s address would be received at the same time and place as
the other addresses from public bodies, but, at the eleventh hour, a
message was sent to the offices of the Association to the effect that the
address would be received privately by His Lordship, and it was
ultimately so received. My Association then understood that the
decision to receive the address at the same time as the others was
altered because of the prevailing prejudice against Asiatic and
coloured communities in this country. My Association is most
anxious to avoid a repetition of such an awkward and humiliating
position, and, therefore, trusts that, if its humble address may not be
received in common with the other addresses next Friday, His
Excellency will be graciously pleased to accept this letter as testifying
its respect for His Excellency as His Majesty’s representative. If the
address of my Association cannot be received publicly, my
Association can quite understand and appreciate the delicacy of the
situation. But, should His Excellency consider that the humble address
of my Association may be received publicly in common with the
others next Friday, I am desired to state that my Association would
like to make a formal presentation. May I request the favour of a
telegraphic reply?5
Indian Opinion, 9-7-1910

1
This letter, presumably drafted by Gandhiji, was signed by A. M. Cachalia,
Chairman, British Indian Association.
2
Herbert John Gladstone (1854-1930); was the first Governor-General and
High Commissioner for South Africa, 1910-4
3
Vide the following item.
4
High Commissioner and Governor of the Transvaal, 1905-10
5
A reply was received communicating Lord Gladstone’s consent to receive
the address along with other public addresses.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 83


91. ADDRESS TO LORD GLADSTONE1
Friday [July 8, 1910] 2
TO

HIS EXCELLENCY THE R IGHT HONOURABLE VISCOUNT GLADSTONE


GOVERNOR -GENERAL OF THE UNION OF S OUTH AFRICA
JOHANNESBURG

We the undersigned, representing the British Indian Association


of the Transvaal, respectfully welcome Your Excellency and Lady
Gladstone to Johannesburg.
We trust that the Union of South Africa will, under Your
Excellency’s regime, prove beneficial to all classes and communities
residing in South Africa.
May we ask you to convey to Their Most Gracious Majesties the
King-Emperor and the Queen-Empress an expression of the loyalty
of the community represented by this Association?
Indian Opinion, 16-7-1910

92. ROYEPPEN

Mr. Joseph Royeppen has been released, and yet not released.
He was released, but is to be deported again on the 14th. We can judge
from his case where the struggle stands. The last time he was released,
he was required to offer a security of £50 in order to be free for a few
days and see people. This time he has been released on his personal
recognizance. He did not even have to sign any document. This is a
measure of the enhanced reputation which Indians enjoy. A
satyagrahi’s word, thus, is trusted.
Even in gaol, they have changed their ways. Warders are afraid
to hold out threats to satyagrahis. The latter do not put up with any
injustice.
The reply elicited by Mr. O’Grady’s question 3 in the House of

1
This address, presumably drafted by Gandhiji, was presented by Cachalia.
2
Vide the preceding item.
3
On June 29, J. O’Grady, a Labour member, raised the issue of Transvaal
Indians and suggested a Gandhi-Smuts meeting to effect a compromise.

84 THE COLLECTED WORKS OF MAHATMA GANDHI


Commons is also noteworthy. The Imperial Government has said that
the matter is under correspondence. Who will say, after this, that the
struggle is alive no more? Not only is it alive, it has a radiant sparkle,
so long as there are men with the spirit of Mr. Royeppen, and its
effects are spreading wider.
Every Indian youth should take a lesson from Mr. Royeppen’s
example. Though a barrister and a man of learning, he holds no
manual work to be beneath him. He moves through crowded markets,
carrying bundles on his head. He hews wood, washes clothes and
works at [railway] stations like a common labourer. He proves in this
way that he has received real education.
[From Gujarati]
Indian Opinion, 9-7-1910

93. JOHANNESBURG
S ATYAGRAHI F ARM
For the present at least I must say that the Farm is making
progress every day. The number of settlers has increased considerably
and the place has taken on the appearance of a new township. There
are four tents in addition to the building which I mentioned earlier for
the satyagrahis and their families. One of the tents is occupied by Mr.
Kallenbach and the satyagrahis, and the building has been handed
over to the ladies.
The labour for putting up the building is contributed by the
satyagrahis and Mr. Kallenbach. They do every kind of work such as
loading and unloading, fetching water, chopping wood, transporting
goods from the station, etc. Even conducting the school is at present a
strenuous task and everyone is tired out by the evening.
Mr. Gopal Naidoo, who looks after the cooking, is giving an
excellent account of himself. He is busy at it from a quarter past six in
the morning to nine in the evening. He practises the strictest economy
in the use of food-stuffs, just as if they were his own.
VISIT BY OTHER LADIES
Other ladies came on a visit of inspection to the Farm on
Sunday. They were Mrs. Sebastian, Mrs. Francis, Mrs. Chellan
Nagappen, Mrs. Marimuthu Padiachy, Mrs. Ellery Moonsamy and

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 85


Mrs. Kathu Pillay. They went away satisfied with the arrangements on
the Farm, and so it looks as though they will decide to settle there.
VISIT BY BUSINESSMEN
There was also a visit from Mr. Cachalia, Imam Saheb Abdool
Kadir Bawazeer, Moulvi Saheb Mukhtiar, and Messrs Aswat, Fancy,
Hajee Habib, Nagadi, Ebrahim Coovadia, Amod Mia, Suleman Mia,
Moosa Esaakji, Goolam Munshi, Ahmed Waja, Moosa Bhikhaji,
Ahmed Karodia, Moosa Ebrahim Patel, Ahmed Mamdoo, Mirza,
Ebrahim Hajari, Parbhoo, Gosai and Anthony. They spent the whole
day here and shared a meal with the satyagrahis before leaving. The
gentlemen also joined in the work.
KALLENBACH HONOURED
Then, as many of them wanted to offer thanks to Mr.
Kallenbach, a meeting was held after dinner was over. The Moulvi
Saheb, on a motion by Mr. Hajee Habib seconded by the Imam
Saheb, was elected to the chair. He said that the meeting was held to
offer thanks to Mr. Kallenbach for what he had done. He certainly
deserved their thanks. Messrs Polak and Kallenbach [he said] had
rendered yeoman service, though they were foreigners.
Mr. Ebrahim Coovadia then proposed a vote of thanks to Mr.
Kallenbach for his generous gift and the interest he had shown in the
cause.
The Imam Saheb seconded the motion. Mr. Hajee Habib
supported it.
Then there followed speeches by Mr. Cachalia and Mr.
Royeppen, after which the motion was unanimously carried.
Mr. Kallenbach in his reply said that he had gained by the active
interest he had taken in the campaign and that this was true of other
whites, too. The Indians who had joined the struggle [he added]
derived still greater benefit, so remarkable was this fight.
JOSEPH R OYEPPEN
[He] was released on Friday. He was to be deported immediately
after. He was therefore released from Johannesburg Gaol and asked to
appear at 3 o’clock. On presenting himself at three, he was ordered to
appear on the 14th for deportation. Immediately, therefore, he went to
live on the Farm and plunged into work the very first day. He was
joined by Mr. Solomon Ernest. The Farm, thus, has had plenty of

86 THE COLLECTED WORKS OF MAHATMA GANDHI


recruits; all those who arrive join in the work. By Sunday, Mr.
Royeppen had had a turn at chopping and sawing wood, loading
carriages with goods from the station godown, fetching water and
doing laundry work. Full of good humour, he infects others with his
genial spirits.
P RISONERS’ DIET
Many changes have been introduced in the regulation diet for
prisoners. The quota of rice has been increased by two ounces. In the
evening, they get bread, mealie pap and one ounce of ghee. Nothing
remains, therefore, to complain of regarding diet.
NOT DISEMBARKED AT ZANZIBAR
A telegram has been received from Mr. Cowasji Dinsha to say
that P. K. Naidoo and his companions have not been disembarked at
Zanzibar, as was intended. The authorities, it seems, raised some legal
difficulties. Hence all those satyagrahis have proceeded to India. We
have no reliable information regarding how this new law that Indians
cannot land at Zanzibar came to be passed, but, from the point of view
of Indians, this is a startling development. It shows what British
freedom means.
GIFTS
Three blankets and one dozen towels have been received from
Mr. Hajee Habib, a dozen blankets, somewhat damaged, and 9
rolling-boards and pins from Mr. Karodia a case of bananas, nachis
and pineapples from Mr. Desai of Germiston and two large wooden
cases from Mr. B. P. Ebrahim. It will be a very good thing if others,
too, help the Farm in some such way. It is not only residents of the
Transvaal or Johannesburg who can send help to the Farm. Indians
from all over South Africa can send clothing, furniture and
provisions. Fruiterers and vegetable dealers in Durban can send these
articles and cloth merchants can send cloth. Since there are no
customs duties now, the railway freight itself does not amount to
much. Second-hand coats, trousers and similar articles can also be
turned to use. I hope, every Indian will read this paragraph and offer
all possible help. Anyone who does so will have, to that extent,
participated in the campaign.
OTHER GIFTS
Mr. C. P. Lucheram has sent a gift of 31 articles such as shirts,

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 87


handkerchiefs, pillow-covers, etc. Some of them are quality goods,
which satyagrahis must not use. It is intended to sell them off [and use
the proceeds].

[From Gujarati]
Indian Opinion, 9-7-1910

94. LETTER TO MAGANLAL GANDHI


[TOLSTOY F ARM,]
Ashadh Sud 7 [July 13, 1910] 1

CHI. MAGANLAL,

I have gone through your letter, your note and Thaker’s


remarks. Thaker’s criticism is free from any ill-will and is better than
yours. Your interpretation of the last sentence is wrong. By saying that
Hey’s taunt2 puts the Indian community to shame, the editor only tries
to alert the community. I admit that the sentence in question could
have been written in simpler language; but I believe most of the
readers can understand it even as it is. The editor is included in the
Indian community. The sentence means that what brings shame to the
Indian community brings it to us too. I do not agree with your
interpretation that it comes in the way of satyagraha. I return your
note to you so that you may re-read it.
The parcel has arrived here. Why didn’t you send it by goods
train?
The appeal to the Modh 3 leaders has been forwarded by
Chhaganlal. I send it for perusal by you and Purshottamdas.
If Dhanji 4 is leaving immediately I would certainly prefer his
company for Chanchal. He will take good care of her. She herself

1
A summary of Hey’s article mentioned in para I was published in the Gujarati
section of Indian Opinion, 9-7-1910.
2
G. A. Hey, a member of the former Transvaal Parliament, visited India and
wrote an article criticizing the slovenly habits of the Indians on board the steamer,
and taunting them for asking the Transvaal Government to improve the prisons.
3
A Bania sub-caste to which Gandhiji belonged
4
Dhanji Ranji, an Indian merchant at Verulam

88 THE COLLECTED WORKS OF MAHATMA GANDHI


desires to have the company of a woman.
Blessings from
MOHANDAS
From the original Gujarati in Gandhiji’s hand: C. W. 4931 Courtesy:
Radhabehn Choudhri

95. TRANSVAAL DEPORTEES


Mr. G. A. Natesan of Madras deserves the warmest thanks of the
Indians of South Africa for the very valuable assistance he has
rendered to the homeless Transvaal deportees. We have received
several letters showing very great appreciation of Mr. Natesan’s
services. He made their lot much easier to bear. The Madras papers,
too, are full of praise for him. We congratulate Mr. Natesan on his
great public spirit.
Indian Opinion, 16-7-1910

96. LICENSING LAW


The Supreme Court Judgment in the matter of Mahomed
Goolam and the Maritzburg Corporation (published in our last issue)
is worthy of perusal.1 It shows what Indians have to labour under in
the Colony. The Licensing Officer holds their fortune in the palm of
his hand. The Supreme Court does not always get the opportunity of
exposing his arbitrary decisions. Every aggrieved Indian trader cannot
afford to take his case to the Supreme Court. One can, therefore, only
guess what hardships Indian traders have to undergo and what must
necessarily remain unnoticed by the public. We drew attention only
the other day to an Estcourt case which has not yet reached the
Supreme Court. The only thing Indian merchants can do is to
ceaselessly agitate till their trading rights are placed on a firm footing.
Indian Opinion, 16-7-1910
1
Mahomed Goolam, a Maritzburg retailer, applied in April 1909 for renewal
of his licence. The licence fee was accepted but no decision given. He continued
trading till December when the City Licensing Officer rejected the application. The
Town Council upheld his decision. Goolam then appealed to the Supreme Court,
which allowed the appeal with costs.

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 89


97. LICENCES IN NATAL
The appeal to the Supreme Court in the Maritzburg licence case
1

suggests that the [Dealers’] Licensing Act continues to be a source of


hardship. Indian traders cannot afford to be complacent about it. The
Act will cease to be a problem only if they pester the Government
again and again and take effective measures.
[From Gujarati]
Indian Opinion, 16-7-1910

98. DEPUTATION TO ADMINISTRATOR


We can take two different attitudes to the deputation 2 that was
led to the Administrator. One is that it was not proper to have led an
independent deputation without the consent of the Congress. In a way,
this is right. But we cannot now take our stand merely on this point.
The community has grown wings. Indians think for themselves. Of
course, they do make mistakes sometimes. They want to act on their
own. We cannot repress this spirit of enthusiasm, but can direct it
along the right channel. This would require patience on the part of the
leaders. If they encourage young Indians, this spirit can do nothing
but good. If they remain indifferent and young people take to wrong
methods it is obvious that harm will follow.
[From Gujarati]
Indian Opinion, 16-7-1910

99. LETTER TO G. A. NATESAN


JOHANNESBURG ,
July 21, 1910
DEAR MR. NATESAN,

I am exceedingly obliged to you for your letter of the 2nd


ultimo. and the sentiments expressed by you. You call the brave
1
Vide footnote to preceding item.
2
Early in July, the Indian societies of Maritzburg and Durban sent a
deputation to the Provincial Administrator seeking redress of grievances regarding
the poll-tax, educational facilities, trading licences, etc.

90 THE COLLECTED WORKS OF MAHATMA GANDHI


passive resisters who have been deported there your Tamil
countrymen, but I claim them to be my countrymen, just as much as
they are your’s. We have derivedinspiration for all the work that we
have endeavoured to do here from the great leaders in India. I do not
think, therefore, that there is any occasion to exaggerate the merits of
the passive resisters in South Africa. The handsome donation sent by
you was most welcome. I shall await particulars as promised by you.
Your praise of Mr. Polak is undoubtedly well-deserved. He is a most
wonderful man. His devotion to the cause is simply admirable. May I
state that almost every letter that I receive from him speaks in the
warmest terms about your work there.
I am,
Yours truly,
M. K. GANDHI

From a photostat of the typewritten original signed by Gandhiji: G.N. 2222

100. WHO IS UNCIVILIZED?

We published the report of a boxing match1 in America between


a negro and a white. Millions had assembled to enjoy the spectacle.
Among them were both old and young, men and women, rich and
poor, government officials and common citizens. Many of them had
travelled all the way from Europe. What did they see? Two men were
hitting each other and displaying their brute strength. The people of
America went mad over this show, and America is reckoned a very
civilized country! What did the spectators gain from this show? We can
offer no satisfactory answer to this question. There are some who hold
that the body is strengthened through demonstrations of this kind and
people learn how to defend themselves. A little reflection will show
that this is altogether a mistaken notion. It is, of course, good to
harden the body, but that cannot be done through boxing matches in
public. There are many other means, and natural ones, of
strengthening the body. This is no more than a pretext. The truth of
the matter is that people enjoy seeing a fight and give their adoration
to physical strength only. They think nothing else can match it. In
thinking thus, they deny the soul and therefore deny God. The only

1
Between Jefferies and Johnson at Reno on July 4, 1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 91


epithet that can be applied to such a people is “barbarous”. There is
very little to learn from them. We certainly do not wish to say that
there were no such shows in ancient times. But everyone knew and
admitted them to be barbarous. No wise men went to them. They were
attended only by boys and woolly-headed young men. On the other
hand, the show in America was attended by grown-up people.
Lengthy telegrams were dispatched to newspapers at a huge cost. The
reports were followed with interest by millions. Thus, the show was not
looked upon as something uncivilized; on the contrary, it was
regarded as a mark of civilization. This, in our view, is the extreme
limit of barbarism. However strong the bodies of Jefferies and
Johnson, they may be reduced to wrecks in an instant. They will then
be of little use. It is doubtful if the millions who had assembled at the
show ever thought of this even in their dreams.
[From Gujarati]
Indian Opinion, 23-7-1910

101. JOHANNESBURG
Monday [July 25, 1910]
NEW GAME OF ASIATIC OFFICE
It has been the practice so far to register Indian children on their
attaining majority. Now, however, they refuse such registration, if the
applicants have entered after the coming into force of the Act of
1908. The effect of this will be that hundreds of Indian children will
not be allowed to register and so will have to return to India. It may
not be proper for satyagrahis to take the matter to a court of law. But
this being a serious issue, some Indians are determined to test their
rights in court. The result is bound to be favourable.
GIFTS
Mr. Adam Ali of Roodepoort has sent a rug and Mr. Desai of
Germiston a case of fruit. I should like to bring it to the notice of
vegetable dealers that if they send Indian vegetables like beans,
brinjals, etc., there will be some saving in expenditure from the funds
donated. The demand from the ladies is for such vegetables. Print and
flannel, if sent by merchants, will be useful to children. The need for
these is being felt now.
[From Gujarati]
Indian Opinion, 30-7-1910

92 THE COLLECTED WORKS OF MAHATMA GANDHI


102. LETTER TO MAGANLAL GANDHI
Ashadh Vadi 3 [July 25, 1910] 1
CHI. MAGANLAL,

The letters you address direct to the Farm reach me sooner.


There can be no comparison between the sufferings in a gaol
and those on the steamer. But Hey makes such a comparison2 and it is
shameful on our part that we give some cause for his doing so. This,
as I understand it, is what Thaker means to say and his criticism
appeals to me as quite fair. Please think over it again.
I send herewith Chhaganlal’s letter. You need not return it to me
as I have already made use of it. It would be nice if Chanchi3 could be
sent along with Dhanji. I do not think I shall be able to go there at that
time.
Since Santok has given birth to a daughter, there is no worry on
her account now. Karka kasadara karpavai.4 Please ponder over this
sentence printed at the top of Pope’s [Tamil] grammar. There could
hardly be a task more difficult than to conquer one’s passion in
regard to one’s own wife. You will certainly succeed as your mind is
inclined that way. Do persevere in your efforts and try to create a
favourable atmosphere so that you will easily succeed. Even after I
had made up my mind and was persevering in that effort, Ramdas and
Devdas were born. You have to take courage from my initial failures.
Poets have compared man to a lion. All of us have the inborn capacity
to become kings of the forest of the senses; we can get that strength
by giving continuous thought to it.
If there is a surplus stock of vegetables with anyone there, you
may please send it here by “to pay” parcel. Pumpkins, chillies, etc.,
will all be of use here. Induce the vegetable dealers of Durban and
Verulam, if you can [to help us]. If they send parcels of vegetables
occasionally, that much money will be saved here. Some of the
experiences gained here are worth telling you about, but I have no

1
Vide footnote 1 to “Letter to Maganlal Gandhi”, 13-7-1910
2
Vide footnote 2 to “Letter to Maganlal Gandhi”, 13-7-1910
3
Chanchalbehn Gandhi
4
The original has this in Tamil script. It means “What you learn, learn
faultlessly: [Having learned it, live up to it.]”

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 93


time to write.
Blessings from
MOHANDAS
[PS.]
Mr. Kallenbach says that it would not now matter if the plants
are sent in gunny bags instead of in tins. If they are to be had at all,
they should reach here right now. It wouldn’t matter if they didn’t
come, but we should know the position.
I have sent Dr. Mehta a detailed report on the construction of
septic tanks. It would be better, I think, to accept what West and
Cordes say in the matter. Moreover, we shall make the necessary
changes if I am there at the time of construction.
Please remember that a third-class ticket to Lawley has to be
purchased for Ba when she comes here. The railway fare for Park
station is the same as for Lawley.

From the Gujarati original in Gandhiji’s hand: C.W. 4932 Courtesy:


Radhabehn Choudhri

103. CABLE TO S.A.B.I. COMMITTEE1


JOHANNESBURG ,
July 28, 1910

ROYEPPEN AND OTHERS DEPORTED NATAL. RE-CROSSED.


SENTENCED THREE MONTHS’ HARD LABOUR. GOVERNMENT
NOW TRYING TO MAKE MINORS PROHIBITED IMNI-
GRANTS BY REFUSING REGISTRATION ON MAJORITY. CAUSED
SENSATION.

TRANSVAAL BRITISH INDIAN ASSOCIATION

From a typewritten copy in the Colonial Office Records: C. O. 551/7

1
This was forwarded by Ritch to the Colonial Office on August 4, 1910.

94 THE COLLECTED WORKS OF MAHATMA GANDHI


104. LETTER TO MAGANLAL GANDHI
Ashadh Vadi 6 [July 28, 1910] 1
CHI. MAGANLAL,

Received your letter. I can imagine Chi. Chhaganlal’s condition.


I am in no mood to write much; otherwise I wanted to write at length
on the boxing match between Jefferies and Johnson. Only a little of it
has appeared in Gujarati.2
Mr. Kallenbach says that the order for the Verulam plants may
be cancelled if these cannot reach here within a week. It would not
matter if it is cancelled; you should therefore not bother about it.
Even if the plants are dispatched within a week, says Mr. Kallenbach,
the payment should be made only after they reach here.
Hope Santok and her daughter are quite well.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4933 Courtesy:
Radhabehn Choudhri

105. ANOTHER BREACH OF FAITH!

The news that our Transvaal correspondent gives regarding the


latest move of the Transvaal Government is indeed astounding. It will
be remembered that one of the sorest points in the Asiatic Act of 1907
was that it required direct registration of minors under sixteen years.
This grievance was removed by the Act of 1908 by transferring
registration of such children to their parents’ certificates. And had
everything else gone well, nothing more would have been heard of
registration of minor children in the Transvaal. Until recently it
appears that minor children of non-resisters were, on attainment of
majority, registered whether such children entered before or after the
commencement of the Act of 1908. But it seems that the calmness of
the Asiatic Department is simply to find out how to circumvent the

1
The boxing match mentioned in the letter took place at Reno in the U.S.A.
on July 4, 1910, in which year Ashadh Vadi 6 corresponded to July 28.
2
Vide “Who Is Uncivilized?”, 23-7-1910

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 95


Indian community and how to harass it into leaving that Colony.
Some law officer has therefore discovered that there is a flaw in the
Act of 1908 which was drawn up in a day and that that flaw enables
the Government to treat minors who entered the Colony lawfully after
the commencement of the Act as prohibited immigrants on their
attaining majority. That the legislature never contemplated any such
result is obvious. Indian parents could never consent to an
arrangement whereby their children should be sent out of the
Transvaal on their arriving at the age of sixteen years. The Act of
1908 was largely a matter of compromise. The history of the
negotiations that led up to the passing of the Act shows clearly that the
Government and the Asiatics clearly understood that minor children
of registered Asiatics were to enjoy the same rights as themselves. We
do not know what the exact meaning of the Act may be and we care
less. But this we do know, that, whatever may be the legal effect of the
Act, this latest move on the part of the Transvaal Government shows a
flagrant breach of faith. It emphasizes the charge of bad faith brought
by the community against that Government. It strengthens and
justifies passive resisters in their resolve to continue the fight.
Non-resisters will test the point in the law courts. They may be worsted
in the struggle. So much the worse for the Government. If there is a
flaw in the Act, it is for them to rectify the error, not to take a mean
advantage of it.
But this move of the Transvaal Government has, for those who
will understand it, a deeper meaning. It shows that the sheet-anchor of
our hope lies not in the uncertainty of law suits but in the certainty of
passive resistance. We therefore trust that Indian parents who have
abandoned the fight in despair and from weakness will gird up their
loins and once more throw in their lot with those who are continuing
passive resistance.
We shall watch with some curiosity how the Imperial
Government will view this latest phase of the question.
Indian Opinion, 30-7-1910

96 THE COLLECTED WORKS OF MAHATMA GANDHI


106. PRISON TREATMENT
Mr. Churchill has announced 1 that passive resisters and
Suffragettes shall not henceforth be treated as common felons and
that they are not to have degrading associations. This is a reform in
the right direction. It is worthy of note that Mr. Churchill has drawn a
distinction between passive resisters and Suffragettes. That is to say,
even when the latter may not be classed as passive resisters, as for
instance, when they assault the Prime Minister and break windows, etc.,
to draw attention to their cause, they are not to be treated as common
criminals. This is a great victory for Mrs. Pankhurst and her followers.
It is a tardy recognition of a principle to which Mr. Robertson and
other well-known publicists drew the attention of the British public
about a year ago.
But what about the Transvaal passive resisters? Are they less
worthy of similar treatment? Must they who never use violence, who
are perhaps the truest passive resisters, be classed as ordinary convicts
undeserving of any consideration whatsoever? May not the Imperial
Government persuade the new Union Government to copy Mr.
Churchill’s reform? Or must Mr. Joseph Royeppen, a barrister, who
seeks imprisonment for conscience’ sake, be placed on the same
footing as a homicide or a burglar?
Indian Opinion, 30-7-1910

107. JOHANNESBURG
Monday [August 1, 1910]
S ATYAGRAHI BURJORSINGH
Mr. Burjorsingh, one of the batch of satyagrahis from Durban,
who was recently in gaol for three months, has had to leave the
Satyagrahi Farm2 on account of his father’s illness. Mr. Ratipalsingh
and other members of the Corporation gave him a dinner and spoke
in praise of him. Mr. Burjorsingh will shortly return to the Transvaal
and get arrested.
[From Gujarati]
Indian Opinion, 6-8-1910
1
In the House of Commons
2
Tolstoy Farm

VOL. 11 : 11 APRIL, 1910- 12 JULY, 1911 97


108. REPLY TO “RAND DAILY MAIL”1
[JOHANNESBURG ,]
August 3, 1910
SIR,

Will you permit me to correct some statements made in your


leading article2 on Lord Ampthill’s action in the House of Lords 3 on
the passive resistance struggle?
You say that passive resistance commenced after the Govern-
ment had offered to grant permits for priests, lawyers, doctors, etc., but
when4 they refused to grant anything further. May I remind you that
passive resistance commenced in 1907 when the question of priests,
doctors and lawyers had not come up for public discussion, and when
it did arise, it simply arose in order to forcibly illustrate the injustice
that had been done by the Government in not conceding the demands
of the community, which, as Mr. Patrick Duncan has pointed out, have
never varied? British Indians have always asked for equality in the eye
of the law as to immigration but never for unrestricted immi-gration
of Asiatics.5 I emphatically deny that British Indians who have been
deported have in any large numbers declined to givein formation as to
their domicile. As a matter of fact, the domicile of most of them was
within the knowledge of the Asiatic department and no proof of
domicile was necessary in connection with those who had educational
attainments, as many had. You state, again, that in no instances have
cases of harsh treatment in the gaols of the Transvaal been proved by
the passive resisters. May I inform you and the public that the
question of diet, which was a very serious one, was very prominently
brought before the Government and the public, and that it is only now
that the grievance, I am thankful to say, has been partially remedied.
That passive resisters who are not criminals in the ordinary sense of
the term have been sent to a penal settlement, like Diepkloof, where
the ordinary privileges of prisoners are withheld in my opinion is

1
This was published in Rand Daily Mail under the title, “Indian Passive
Resisters”.
2
Of 29th July; Vide Indian Opinion, 6-8-1910.
3
Vide the following item.
4
Indian Opinion here has “but they”
5
ibid

98 THE COLLECTED WORKS OF MAHATMA GANDHI


undoubtedly a glaring instance of harsh treatment. You further state
that British Indians are keeping up passive resistance for other than
the purpose of having their legitimate demands granted. In reply, I
can only say that the world has not many men who would suffer,
without reasonable cause, privation, starvation, separation from those
who may be near and dear to them, etc., besides the loss of their
worldly possessions. I quite agree with you that, if the demands of the
community are granted, they should be granted not in response to
passive resistance, but because they are intrinsically just; but I hope
you will agree that passive resistance ought not to stand in the way of
a strong government doing justice. You seem to think that passive
resistance means coercion. In my humble opinion, the self-suffering
which the community has undergone, and which has been expressed
by the term “passive resistance”, has been undertaken after the
methods of petitioning, etc., had been exhausted, and in order to draw
public attention to a grievance that was keenly felt and resented by the
community.
I am, etc.,
M. K. GANDHI

Rand Daily Mail, 6-8-1910


Indian Opinion, 6-8-1910

109. TRANSVAAL INDIANS IN THE HOUSE OF LORDS

Lord Ampthill, who has rendered signal services to the cause of


the British Indians in South Africa and, thereby, we venture to think,
to the Empire, has again raised the question in the House of Lords. 1
Reuter’s cable2 gives only a summary of Earl Beauchamp’s reply to
Lord Ampthill’s query. And, if the summary gives a correct version, it
shows that the policy of the Transvaal Government of misleading the
Imperial Government continues unabated. In reply to Lord Amp-
thill’s protest against the deportations to India, Earl Beauchamp is
reported to have said that “Every opportunity would be afforded
British Indians to prove domicile in South Africa, but that many
absolutely refused to give information.” The fact is that, in most

1
On July 26, 1910
2
Dated July 27, from London, reproduced in Indian Opinion, 30-7-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 99


cases, the authorities themselves knew the domicile of the parties
concerned, and that, save in one or two cases, they all emphatically
declared their domicile. It was not possible for them to do more. The
authorities, however, insisted on production of domicile certificates
which many did not possess. It is a well-known fact that possession of
such a certificate is not a legal necessity. Some Indians take them out
as a measure of protection. The authorities knew the case of young
Manikum Pillay. He was a student in Natal; he could enter the Colony
by reason of his education; his father is well known to the Asiatic
Department; yet the young man was sent away to India. Young Pillay,
we understand, gave all the information but it was of no avail. The fact
that young Pillay and other Indians were deported and, on their return
from India, could enter Natal; and the further fact that they are now
serving imprisonment at Diepkloof, eloquently demonstrates, as no
argument by us could, that the Imperial Government has been
hoodwinked by the Transvaal Government.
Then, again, Earl Beauchamp is reported to have said that the
Union Government could not agree to “unrestricted immigration”
Indians in the Transvaal have repeatedly declared that they do not
want unrestricted immigration. Passive Resistance has not been
undertaken to bring about any such result. Indeed, they know that, if
they fought for unrestricted immigration, they would forfeit the
generous support given to them by Lord Ampthill and other
distinguished statesmen. They have received universal sympathy and
support outside South Africa only because they have shown that their
demands are reasonable, moderate and such that they cannot but be
satisfied in the end. So far as immigration is concerned, all that they
ask for is that there shall not be in law any distinction based on race or
colour; that there shall not be an insult offered to Indians as a race, as
the present legislation does.

Indian Opinion, 6-8-1910

100 THE COLLECTED WORKS OF MAHATMA GANDHI


110. AN INTERESTING GROUP

Our Supplement this week is an interesting photograph 1 of


Pioneer Settlers at Tolstoy Farm—the Passive Resistance settlement at
Lawley in the Transvaal. Our readers will specially value the
photograph as it includes that of Mr. Kallenbach, whose generosity in
placing the Farm at the disposal of the passive resisters’ families,
together with his wholehearted sympathy with the movement, is so well
known and appreciated. What will perhaps appeal most of all to the
Indian community is the way in which Mr. Kallenbach, literally as well
as figuratively, “takes off his coat” to the work of helping the cause
he has made his own.
Indian Opinion, 6-8-1910

111. LORD AMPTHILL’S HELP

Lord Ampthill continues to help the Indians. We have already


published the cabled report2 of the proceedings in the House of Lords
arising from a question asked by him.
The report shows that the Transvaal Government persists in
misleading the Imperial Government. The allegation that the
deportees did not furnish complete information is baseless, as also the
statement that we are demanding unrestricted admission of Indians.
However, the discussion in the House of Lords shows that the Imperial
Government persists in its efforts. It is only a question of time.
Whether or not there will be a victory depends on the satyagrahis.
[From Gujarati]
Indian Opinion, 6-8-1910

1
Vide Illustration: Pioneer Settlers of Tolstoy Farm (Supplement to Indian
Opinion, 6-8-1910).
2
In Indian Opinion, 30-7-1910. Vide also. “Transvaal Indians in the House
of Lords”, 6-8-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 101


112. REPLY TO “RAND DAILY MAIL”1
JOHANNESBURG ,
August 9, 1910
SIR,

Under the heading “Asiatic Exaggeration”, you revert to the


question of the ill-treatment of passive resisters as well within this
Province as on board a particular steamer that carried over sixty
passive resisters a few months ago. Passive resisters have kept
absolutely clear at least of two things —exaggeration and violence in
any shape or form —both things being considered totally foreign to
the spirit of the struggle. Allegations of the ill-treatment of prisoners
will continue to be made in spite of every contradiction, so long as
passive resisters2 are treated with exceptional severity by being classed
not only with criminals, but being sent to a penal settlement which is
intended for hardened criminals. You seem to imagine that passive
resisters have repeatedly complained about physical violence having
been used against them. As a matter of fact, except in isolated cases,
they have stated that there has not been physical violence used against
prisoners. As to Lord Morley’s repudiation of ill-treatment on board,
one is tempted to ask, in spite of the very high source from which the
contradiction comes, whether His Lordship had ever ordered
examination of the passengers themselves. I gather that no such
course was adopted. In the circumstances, the Indian community will
continue to believe the statement made by the passengers. But here
again it seems to be imagined that, when an Indian complains of
ill-treatment, it must imply physical violence,3 or it is not ill-treatment
at all. That the deportees were sent as deck-passengers, and that they
had to starve by way of protest for a day before they received decent
food on board, are matters which call for no comment in your
estimation, and yet they are matters which vitally affect the parties
concerned. The only way to stop the dissemination of reports in India
of the ill-treatment of passive resisters is, firstly, to accept the

1
This was published in Rand Daily Mail under the caption “The Passive
Resisters”.
2
Indian Opinion here has “passive resistance prisoners”.
3
Indian Opinion has “it must simply be physical violence”.

102 THE COLLECTED WORKS OF MAHATMA GANDHI


deportees’ standards of what is good treatment, and, secondly, to close
the painful struggle by granting the just demands of the Indian
community.
I am, etc.,
M. K. GANDHI
Rand Daily Mail, 9-8-1910
Indian Opinion, 13-8-1910

113. MR. RITCH’S DEPARTURE POSTPONED


The newspapers announced that Mr. Ritch was coming to South
Africa very soon with a message of sympathy and encouragement for
passive resisters. Preparations were on foot to give Mr. Ritch a
welcome to which his whole-hearted, effective and able work in
England entitles him. But, as our Transvaal correspondent points out,
Mr. Ritch’s departure has been suddenly postponed owing to Mrs.
Ritch having to undergo an operation. It will be remembered that Mrs.
Ritch had only just recovered from a very dangerous illness, during
which she underwent a series of operations. The sympathy of the
Indian community throughout South Africa goes out to Mr. and Mrs.
Ritch in their trouble, and we hope that Mrs. Ritch will recover from
her most recent illness. The friends of the family who know Mrs.
Ritch’s pluck and marvellous recuperative powers have little doubt
that she will survive the operation and remain, for many a long year to
come, the guardian angel of her children who adore her and whom
she adores and for whom she lives.
Indian Opinion, 13-8-1910

114. INDIANS UNDER THE UNION


Those who thought that the Indian community in South Africa
would fare better under the Union are being rapidly disillusioned. The
Transvaal continues its persecution of passive resisters. The Orange
Free State keeps her gates closed against them. Silently but surely an
agitation against Indians is being fostered at the Cape and the Natal
licensing laws, in spite of the recently made amendment,1 still remain a

1
Vide “Natal Licensing Act”, 11-12-1909

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 103


standing menace to Indian merchants and traders. The Estcourt case,1
to which we drew attention some time ago, now enters upon a further
stage. The Provincial Court has decided that the appointment by the
Government of certain members of the Board was valid. We presume,
therefore, that the injured party will once more approach the
Appellate Board. By the time this sickening procedure is finished, it
would have cost Mr. Suleman, the party concerned, a fortune. How
many Indian traders are there in the Colony who can afford the
necessary expenses of such a prolonged fight?
Then, again, take Mr. Goga’s case. 2 Here is a man of twenty
years’ standing, having a large and respectable European custom, who
is openly backed by Europeans of standing in Ladysmith. He cannot
get a licence in respect of his own premises. It is nothing to the
Licensing Officer that Mr. Goga cannot let his shop to any Europeans
and cannot sell it. Because he is an Indian, he must be content to
suffer loss.
The question arises: How does the Union help Indians even in
such glaring cases of injustice? The answer is that the position of
Indians under the Union will in no way be made easier, and it is
highly probable that it will be made much worse. All the reactionary
forces will be combined against them. Let the community beware. The
only effective way to fight such a mighty combination is for it first to
combine and secondly to become self-reliant.

Indian Opinion, 13-8-1910

1
One Suleman, who was refused transfer of a licence by the Licensing Officer,
Estcourt, appcaled to the Estcourt Licensing Board, where his counsel, objecting to
the constitution of the Board, refused to proceed. The Licensing Board, however, gave
a decision. The review against this decision was dismissed by the Supreme Court
(Natal Division) on August 2.
2
In Ladysmith, Goga, an Indian retailer, was refused a licence to trade in
premises owned by him, although 37 Europeans presented a petition supporting him
to the Licensing Officer.

104 THE COLLECTED WORKS OF MAHATMA GANDHI


115. LETTER TO LEO TOLSTOY1
JOHANNESBURG ,
August 15, 1910
DEAR SIR,

I am much obliged to you for your encouraging and cordial


letter 2 of the 8th May last. I very much value your general approval of
my booklet, Indian Home Rule. And, if you have the time, I shall look
forward to your detailed criticism of the work which you have been so
good as to promise in your letter.
Mr. Kallenbach has written to you about Tolstoy Farm. Mr.
Kallenbach and I have been friends for many years. I may state that
he has gone through most of the experiences that you have so
graphically described in your work, My Confessions. No writings have
so deeply touched Mr. Kallenbach as yours; and, as a spur to further
effort in living up to the idealsheld before the world by you, he has
taken the liberty, after consultation with me, of naming his farm after
you.
Of his generous action in giving the use of the farm for passive
resisters, the number of Indian Opinion. 3 I am sending herewith will
give you full information.
I should not have burdened you with these details but for the
fact of your taking a personal interest in the passive resistance struggle
that is going on in the Transvaal.
I remain,
Your faithful servant,
M. K. GANDHI
C OUNT LEO TOLSTOY
YASNAYA P OLYANA

From a block of the typewritten original signed by Gandhiji published in


Mahatma, Vol. I, by D. G. Tendulkar

1
For replies by V. Chertkov and Tolstoy, vide Appendix “V. Chertkov’s
letter to Gandhiji”, and (Tolstoy’s letter to Gandhiji”, 7-9-1910.
2
Vide Appendix “Tolstoy’s letter to Gandhiji”, 8-5-1910.
3
Of 11-6-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 105


116. LETTER TO MAGANLAL GANDHI
[TOLSTOY F ARM,]
Shravana Vadi 1 [August 21, 1910] 1
CHI. MAGANLAL,

Please write to me, if possible, at least once a week.


I have already sent you Anandlal’s2 letter.
For the vegetables you sent we shall arrange to pay out of the
[Satyagraha] Fund here. We would have to spend the same amount if
we brought here the quantity of vegetables you sent. You should be
able to know a cheaper method of sending the vegetables if you went
through the tariff book. It is, however, impossible to measure the value
of the sentiment behind your sending the vegetables. What is
important is the fact that people provide satyagrahis with whatever
they need. If people send these things jointly the railway fare would
not be much. Please explain to them that it would be shameful for
those who make big profits to be scared by the paltry cost of freight.
I have not seen anything sent by Babu Talewant Singh. We have
received groundnut and vegetables from Dhanji and blankets and
flannels from Raghavji. If any of these things are from Babu Talewant
Singh please make the necessary correction. I had a letter from Babuji
himself saying that the articles were from the persons mentioned
above.
Harilal cannot go to India to escort Chanchi. We are poor and
cannot spend money like that. Moreover, a man who has joined the
struggle cannot thus go away for three months. There would be
nothing wrong if Chanchi goes to India in some good company.
Many poor women do so. We do not want our womenfolk to remain
delicate. I for one am a farmer and I wish you all to become farmers,
or to continue as such if you have already become farmers. My way
of life has completely changed here. The whole day is spent in
digging the land and other manual labour instead of in writing and
explaining things to people. I prefer this work and consider this alone

1
The gifts mentioned in paragraph 4 were acknowldged in Indian Opinion,
27-8-1910 in 1910; Shravana Vadi 1 corresponded to August 21.
2
Son of Amritlal Tulsidas Gandhi, Gandhiji’s cousin

106 THE COLLECTED WORKS OF MAHATMA GANDHI


to be my duty. Ramdas dug a pit, 3 feet broad and 3 feet deep, and
half of another, working till one o’clock today. If he continues to
work like this he will be a very good boy. Now I do not see him
engrossed in thought as he used to be in Phoenix. This is the result of
manual labour. In pampering this corpulent body that has been given
to us and pretending that we earn [our living] by our intellect, we
become sinners and are tempted to fall into a thousand and one evil
ways. I regard the Kaffirs, with whom I constantly work these days, as
superior to us. What they do in their ignorance we have to do
knowingly. In outward appearance we should look just like the
Kaffirs. From this you may deduce other reasons also for Harilal not
going to India to escort Chanchi.
For your short temper too I think this is the cure. The body is
like an ox or donkey and should therefore be made to carry a load.
Then the short temper, etc., will be cured. I am constantly trying to
keep away the shortcomings of Phoenix from this Farm. That is why a
different standard of living has been laid down. If instead of each
cultivating his own plot separately all cultivate the entire land together,
we can produce a larger crop more quickly. I do not think this is
possible there for the present. But I did make the suggestion that it
would be good if those who could co-operate cultivated their plots
together. That suggestion was made with [special] reference to
Purshottamdas and you. It has many other implications. However, I
have written this to let you know the current trend of my mind.
The proceeds from the sale of stock in the Press cannot by any
means be considered as profit. They can be credited to the capital
account and nowhere else. We need not consider whether we have
gained or lost by giving up the job work; we are rid of a headache
thereby.1

From the Gujarati original in Gandhiji’s hand: C.W. 4934 Courtesy:


Radhabehn Choudhri

1
The letter is incomplete.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 107


117. LETTER TO NARANDAS GANDHI
Shravan Vad 3 [August 23, 1910] 1
CHI. NARANDAS,
I had kept your letter for replying.
If you spend your spare time in understanding and explaining
to others the significance of the struggle here, I shall take it that you
have done well. We need not doubt the law that we achieve the thing to
which we completely devote ourselves. The satyagraha struggle
deserves such devotion. Hence this advice to you.
Blessings from
MOHANDAS
From the Gajarati original in Gandhiji’s hand: C.W. 5635 Courtesy: Narandas
Gandhi

118. REPORT OF PROTECTOR OF INDENTURED


LABOURERS
The so-called “Protector” of indentured labourers has
published his annual report. We note its main points elsewhere. The
report is a matter of disgrace for every thinking Indian. How many
Indians arrived, how many of them died, what were the causes of
death—all this is worth knowing and will be found in the abstract of
the report.
The reply by the “Protector” to Mr. Polak’s vivid account of
the sufferings of indentured labourers makes interesting reading. It is
in fact no reply. The “Protector” seems to have assumed the role of
“Exploiter”. When we thus find that the sea has caught fire, where
shall we get the water to quench it?
What we are seriously exercised over at the moment is this. Last
year, 2,487 indentured labourers arrived from Madras, including 176
boys and 195 girls of all ages. Further, it is stated in the same report
that more than 27,000 Indians have been born in Natal. What has been
the fate of all these boys and girls? The Government has shown no
interest in this matter. The Protector has not a single word to say about

1
Vide “Letter to Narandas Gandhi”, 29-3-1910

108 THE COLLECTED WORKS OF MAHATMA GANDHI


them. The employers of indentured labourers do nothing for them.
The boys, too, are treated as indentured labourers. This is the way
cattle are dealt with. Do we really treat [even] our cattle in this
fashion? What this reveals is a state of slavery. The boys and girls who
arrived last year are ruined both materially and morally. Any ruffian
may cast his evil eye on them. From early morning when the parents
go to toil like beasts, these delicate children are left to themselves and
those of them who are strong enough for a little work are employed
on payment of a paltry 5s. Thus, it is sugar made with the blood of
indentured labourers that we use for gratifying our palate. In spite of
this, some of us think that the indentured labourers gain by coming
here, that they escape starvation [in India] and find happiness in Natal.
We would not think of applying this argument to ourselves. We would
rather prefer to starve than accept the slavery of indenture. We would
not like to bring up our children in such slavery. These boys and girls
are left entirely to the mercy of God. Any Indian who has faith in
religion will see that we join in exploiting this slavery and as a
punishment for that sin we, who claim to be free Indians, also become
the victims of oppression. If only we had a pen and an intellect
powerful enough, we would awaken the Indians from their deep
slumber and rouse the community to take effective measures to put an
immediate stop to the system of indenture. This is the right time for it.
A letter signed by the leaders demanding an immediate end to the
system of indenture should be sent to all those who wish to enter the
Union Parliament. We have no doubt that once indenture is stopped,
the hardships of Indians will not take long to disappear.
[From Gujarati]
Indian Opinion, 27-8-1910

119. CABLE TO S. A. B. I. COMMITTEE1


JOHANNESBURG ,
August 29, 1910
MAGISTRATE DECIDED ASIATIC ACT GIVES NO PROTECTION
TO MINORS NOT BORN TRANSVAAL AND NOT RESIDENT
AT COMMENCEMENT OF ACT 1908.2 MATTER GOING

1
This was forwarded by Ritch to the Colonial Office on August 30, 1910.
2
In the case of Mahomed, son of Chhotabhai, Magistrate Jordan ruled that
the inclusion of the son’s name in the father’s registration certificate gave him no
right to apply for registration and that the father’s Peace Preservation Permit did not
cover the son; hence he dismissed the appeal and ordered deportation.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 109


BEFORE SUPREME COURT, BUT AS IT AFFECTS MANY
INDIAN CHILDREN AND IS SO IMPORTANT, HOPE
IMPERIAL INTERVENTION WILL COMMENCE NOW.
M. K. GANDHI
From a typewritten copy in the Colonial Office Records: C.O. 551/7

120. LETTER TO MAGANLAL GANDHI


[JOHANNESBURG ,]
Wednesday [August 31, 1910] 1
CHI. MAGANLAL,

I have your letter. I have one from Chhaganlal too.


It was good that you observed the Janmashtami fast. I had
thought of doing so, but gave up the idea. I decided it was enough for
the present if I could keep the Ekadashi2 fast alone. There is only one
simple way of winning divine grace—that of practising truth and other
virtues, gradually and deliberately, and of concentrating on one
attachment or devotion [to the Supreme] to the exclusion of all others.
Eat the whole body, O crow!
Peck away at my flesh;3
But pray consume not the two eyes,
I still hope to see my beloved.
This is said of a lover and his beloved; but in truth it shows the
yearning of the soul to see the beloved in the form of God. He does
not care if the body is lost. If the crow of passion does not eat away
the eye of knowledge, he is bound to meet the beloved.
Chhaganlal’s letters are still suggestive of his timidity. What he
writes about Gokaldas makes it appear as though you and all of us are
neglecting our elders. If Gokaldas does not go to India, it only betrays
his ignorance. He has no duty to perform here. He has not even

1
This letter appears to have been written during Chhaganlal Gandhi’s
absence from South Africa in 1910. “Janmashtami”, Lord Krishna’s birthday
(according to the Indian calendar the 8th day of the dark half of Shravana) mentioned
in the second paragraph, fell on Sunday, August 28, 1910.
2
The eleventh day of each dark and bright fortnight
3
The letter has (and the burnt flesh too), but it should be read
(peck away at my flesh).

110 THE COLLECTED WORKS OF MAHATMA GANDHI


obtained specific permission from Parmanandbhai to come over here.
Moreover, Parmanandbhai wants only to see him. Gokaldas, however,
does not understand [this] and therefore does not go. All of you have
to serve your parents and you do it even while staying here. That can
be your sole object in earning money. Of course, they might feel
happy if you were with them. But they hardly need you apart from
that. I hold that children who are indifferent to their parents can
hardly accomplish anything in the world. I am quite freefrom worry
as I do not see in your and Chhaganlal’s behaviour anything that
conflicts with filial duty.
What Chhaganlal writes about the exhibition has been the
general impression. It is a great illusion1 . What are we before it, when a
person like Sitaji fell a prey to the temptation? This glamorous show is
the product of Western civilization. We can deem ourselves successful
if we are not led away by it. I do not mean to say that Chhaganlal has
succumbed to the temptation. He is, however, greatly affected by it—
and anyone would be so affected at first sight.
I agree with Chhaganlal about not sending Santok. I think she
will not be happy in India. Such is our plight. She will not be able to
live there with that spiritual and physical freedom which she enjoys
here. When, thanks to her stay in Phoenix, she becomes firm in her
convictions and courageous enough to adhere even in India to her
ideas and way of life which she considers right, she will be happy
there. Her stay will be beneficial to India and she will render true
service to the country as well as to herself. I, however, feel that she
may be allowed to go if she is pressed to go as was Chanchi. Veni 2
writes in every letter that in India she feels as if she were in prison.
This is not true of women alone.
Please do not let Chhaganlal know of any portion of this letter
even indirectly. For that might prove harmful. I am constantly
pondering over his letters. I shall write to him myself when I find it
necessary. My criticism too might be due to a misunderstanding. Even
so, there is no need at present to disturb the tenor of his thought. For I
have enough faith in him to believe that whatever he does he will

1
Literally, a golden deer. In the Ramayana, Ravana’s maternal uncle,
Maricha, took the form of a golden deer to tempt Sita and entice Rama away so that
Ravana could kidnap her.
2
Wife of Gaurishanker Vyas, a leading Indian of Pretoria and a satyagrahi

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 111


come round of his own accord.
I have written to you in detail so that you may not be upset or
distressed in any way.
The messenger did not inform me that the watch came from
Tipnis. I have not mentioned his name [in “Johannesburg”] as he
told me that it was sent by you. I shall make the necessary correction
next week if you have not done so already. We have not received the
things sent by Talewant Singh. I shall make enquiries. I fear some
demurrage will have to be paid. He has not even told me what the
things sent were.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4935 Courtesy:
Radhabehn Choudhri

121. THE GRAND OLD MAN OF INDIA


The first Indian to become a member of the British Parliament
was Mr. Dadabhai Naoroji. Born on September 4th, 1825, in the city
of Bombay, he was educated at the Elphinstone School and College,
and was, at the age of 29, made Professor of Mathematics and Natural
Philosophy—being the first Indian to receive that honour. In 1855,
Mr. Naoroji visited England as partner in the first Indian business to
be established in that country. The University College, London, did
him the honour of appointing him Professor of Gujarati; and one of
the benefits gained for India by Mr. Naoroji was the admission of
Indians to the Civil Service in 1870. He was made Prime Minister of
Baroda in 1874, and a year later was elected a member of the
Corporation and Municipal Council of Bombay, to which body he
gave five years’ valuable service. Mr. Naoroji was a member of the
Bombay Legislative Council from 1885 to 1887. The Indian National
Congress honoured him by electing him President in 1886, 1893, and
again in 1906. Mr. Naoroji sat in the House of Commons from 1893
to 1895 as Liberal member for Central Finsbury, London, and he did
good work for his country as member of the Royal Commission on
Indian Expenditure, etc., and, in 1897, gave evidence before the
Welby Commission. From the very commencement of the British
Committee of the Indian National Congress, he was a diligent member
and hard worker. Among the publications from the pen of Mr.

112 THE COLLECTED WORKS OF MAHATMA GANDHI


Dadabhai Naoroji are: England’s Duty to India, Admission of
Educated Natives into the Indian Civil Service, Financial
Administration of India, and what is, perhaps, the best known of his
many writings, Poverty and Un-British Rule in India. In 1906, the
venerable Dadabhai journeyed to the Motherland to preside over the
Indian National Congress, a task which was a tremendous strain upon
even his iron constitution and indomitable spirit. Since the Calcutta
Congress of 1906, Mr. Dadabhai has practically retired from public
life, and in 1907 he went to reside at Varsova, a small fishing village in
the Bombay Presidency where he still watches with a keen interest the
progress of events in India which go to make or mar its future. Truly
has he earned for himself the honoured title of T HE GRAND OLD MAN
OF I NDIA.
Indian Opinion, 3-9-1910

122. LONG LIVE THE GRAND OLD MAN


Tomorrow is the 86th birthday of Mr. Dadabhai Naoroji, the
Grand Old Man of India and the Father of Indian Nationalism. Every
year brings us nearer the day when we must part with him in the flesh.
The best honour that we can render him is to imitate him in his noble
career and dedicate our all to the service of the Motherland. On the
first page we give a brief biographical sketch with portrait of the aged
patriot.
Indian Opinion, 3-9-1910

123. GREAT LONDON MEETING


The report1 of the great meeting held in London on the 3rd of
August last has now arrived. It was fitting that Sir Mancherji
Bhownaggree, who has taken such a prominent part in the struggle
since its commencement, should have presided. The success of the
whole gathering was due to the untiring efforts of Mr. Ritch and his
helpers. A glance at the names of the speakers2 shows what a
1
The report of this meeting held at the Westminster Palace Hotel, to protest
against the treatment of British Indians in the Transvaal, was published in Indian
Opinion, 3-9-1910.
2
Among the speakers were Major Sayed Hoosen Belgrami, W. P. Byles, M.
P., Sir R. K. Wilson, Bepin Chandra Pal and Lala Lajpat Rai.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 113


representative gathering it was. Sir Mancherji has forwarded the
resolutions1 to Lords Crewe and Morley. Reuter has informed us that
the Imperial Government is still in correspondence with the Union
Government. Mr. Ritch has appealed to General Botha to close the
struggle before the Union Parliament meets. It now remains to be seen
what the next month has in store for passive resisters. We confess that
before the elections are over, General Botha, whose own fate and that
of his fellow ministers hangs in the balance, could take no definite
action. Meanwhile, passive resisters may take additional courage from
the fact that their cause is being very vigilantly watched by Lord
Ampthill and his Committee2 and that the opinion of the Metropolis
of the Empire is behind them.
Indian Opinion, 3-9-1910

124. INDENTURED LABOUR


The Rand Daily Mail has made a most excellent suggestion to
the effect that the voters should ask every candidate to pledge himself
to the immediate stoppage of indentured labour from India. So long
as that blot remains, it is very much like straining at a gnat and
swallowing a camel to persecute a few Indians out of the Transvaal
Province. Whatever may be the motives of the Rand Daily Mail in
urging total prohibition of indentured labour, no Indian can have any
difficulty in agreeing with its conclusions.
Indian Opinion, 3-9-1910.

125. A REPROACH
Mr. Haggar, who found himself appointed a member of the
Commission that recently sat to examine the question of indentured

1
The first resolution detailing disabilities of the Transvaal British Indians
emphatically protested against the deportations to India through Mozambique; the
second appealed to Lord Crewe for protection; the third to Lord Morley to prevent
further emigration to South Africa until redress of grievances; the fourth conveyed a
message of “admiration and encouragement . . . to brave brothers and sisters in the
Transvaal . . . in the selfless struggle”; and the fifth directed forwarding of the
resolutions to Colonial and India Offices and to the Transvaal British Indian
Association.
2
The S.A.B.I. Committee

114 THE COLLECTED WORKS OF MAHATMA GANDHI


labour, thus writes in the course of a letter to the Rand Daily Mail, in
reply to that paper’s leading article urging entire prohibition of
indentured labour:
One fact was forced upon the attention of the Commission, namely, the
Natal-born Indian is useless as a worker; he will play football, sell newspapers
or do low-class office work but he will not undertake anything of the nature of
labour. It was admitted by educated Indians that primary education made the
Natal-born Indian useless in the labour market. Agriculture had nothing to
hope from him.
Indians know Mr. Haggar too well to take him seriously. His
unproved charges against the community have not yet been forgotten.
But sometimes we do learn a great deal even from our avowed
opponents. The statement that we have quoted above is not without a
modicum of truth in it. Curiously enough, we have just received from
a correspondent a letter inviting us to open our columns regularly for
Indian sporting news. We have nothing against sport as such. And, if
our columns were not almost solely devoted to the cause of the Indian
struggle in South Africa, and if we had enough support from the
sporting Indians, we would not be unprepared to set apart a portion
for regular sporting news. But we ask our young friends whether sport
should occupy so much of their time and attention as it does now.
Indeed, those Indians who know what is going on around them,
cannot afford to be in a sporting mood. Our forefathers did
wonderfully well without the fashionable sport of today. Sport
indulged in for the sake of developing the body is of some use. But
we venture to suggest that agriculture, the inherited occupation of
Indians—indeed of the human race—is better sport than football,
cricket and all other games put together. And it is useful, dignified
and remunerative. Football and cricket may be well for those who
have the drudgery of the desk work to go through from day to day.
But no Indian need undertake that task. We therefore advise our
young sporting friends to take Mr. Haggar’s remarks in good part
and leave the contemptible work of clerks, newspaper sellers, etc., for
the independent and manly field-work. They have before them the
brilliant example of Mr. Joseph Royeppen who, though a barrister,
took up hawking and latterly did manual work on the Passive
Resistance Farm 1 .
Indian Opinion, 3 -9-1910

1
Tolstoy Farm

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 115


126. MEETING IN ENGLAND

We have now received a report of the meeting held in England


concerning the Transvaal struggle, as also of the discussion raised by
Lord Ampthill in the House of Lords. Both these developments
should prove very encouraging to us. The meeting was presided over
by Sir Mancherji Bhownaggree. He has been helping us right from
the beginning. It was therefore but fitting that he should be in the
chair. The messages which the meeting received from Justice Ameer
Ali and Sir Charles Bruce were noteworthy. The meeting was attended
by leaders of all parties and communities. Their speeches, too, were
powerfully stirring. We can gather from all this that the movement is
receiving good support in England. But that support is of far less
consequence than our own strength. And if we have no strength in
ourselves, the support [we have been receiving] in England will only
argue our weakness. If Lord Ampthill has been fighting [for us], if Sir
Mancherji has been striving hard and Mr. Ritch has been working
indefatigably, that is due, in fact, to their belief that we submit
ourselves to suffering, that we have embraced poverty in the cause of
the motherland, that we have staked our all for our honour. For the
success of this meeting, it is to Mr. Ritch and his army of volunteers
that congratulations are due.

[From Gujarati]
Indian Opinion, 3-9-1910

127. LETTER TO CHHAGANLAL GANDHI


TOLSTOY F ARM,
Bhadarva Shud 1 [September 4, 1910] 1

CHI. CHHAGANLAL,

I write this with a heavy heart. I constantly think your going to


India has been a mistake.

1
This letter was written during the addressee’s absence from South Africa in
1910.

116 THE COLLECTED WORKS OF MAHATMA GANDHI


I was deeply pained to read your letter to Doctor [Mehta]. How
can I bear your contracting tuberculosis? I write this under the
impression that you are still there [in England]. Maud 1 will redirect
this to you if you have left for India.
Please do as you think fit. Treat the following simply as a piece
of advice from me. I wish to see your health improved.
Considering only your health, I feel that the best thing for you
would be to go to Phoenix. You will get fresh air there. You will also
be able to work on the farm, which is good for a tuberculosis patient.
Moreover, I hope to be able to assist and nurse you. This will be
possible only if you are at Phoenix. And, God willing, you can stay on
this Farm too. The climate here is even better than that of Phoenix.
Brahmacharya, which is necessary for a patient like you, can easily be
observed here. I therefore think it will be better if you come over
here. You can go back to India if your health does not improve here.
Should you be keen on going to India, I have written to Doctor
[Mehta] to send you Rs. .2 every month. Even otherwise, you may stay
in Bombay and do some public work there under my guidance. Your
main work will relate to the struggle here. By doing this you will be
free from worry about your livelihood and you can easily pass your
life in public service. Whether you are ill or well, I wish your life is
spent in the service of the country.
Many things come to mind about which I should write, but I do
not feel like doing so. My suggestion about your coming over here
stands even if you have already reached India. In case you do not feel
inclined to come here, my suggestion regarding Doctor [Mehta] is
there for you to consider.
However, even if neither of these alternatives is acceptable to
you and you want to live independently on your own earnings, be
sure that I would not come in your way. My only desire is that you
should take the course that will give you most satisfaction.
I shall be waiting for your letter during the next week like a

1
Maud Polak, sister of H. S. L. Polak, worked as Secretary to the South Africa
British Indian Committee, London, during L. W. Ritch’s absence.
2
The figure is missing.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 117


chataka1 longing for the rains.
Blessings from
MOHANDAS
From a handwritten copy of the Gujarati original in Gandhiji’s hand: C.W.
4936 Courtesy: Chhaganlal Gandhi

128. JOHANNESBURG
Monday [September 5, 1910]
MINORS
A case, that of Tayob Hajee Khan Mahomed’s son, very similar
to that of Mr. Chhotabhai’s son, has come up in Pretoria. In this case,
too, the magistrate decided against the boy. In all probability, both
these cases will go to the Supreme Court.
S TATEMENTS OF GENERAL BOTHA AND OTHERS
I have sent for the English section the statements 2 of General
Smuts, General Botha and de Villiers bearing on this question. All
three have referred to the position of minors in their speeches or
written about it, but none of them has stated anywhere that a child, on
attaining majority, can be expelled. General Botha, in his written
statement, has mentioned that the Government had accepted the
Asiatics’ demand in regard to minors. General Smuts has said the
same thing in his speech. The Asiatics never, even in their dreams,
thought of agreeing to the expulsion of minors, and none of the three
persons mentioned above has claimed that they have so agreed. It is
only now that the Transvaal Government has begun to put an arbitrary
construction on the law.3
[From Gujarati]
Indian Opinion, 10-9-1910

129. MR. CHHOTABHAI’S CASE


The case of Mr. Chhotabhai’s son, already reported in these
columns, 4 is a most important one. It affects the well-being of the
1
A bird which is supposed to drink only the water that falls from the sky.
2
Vide Appendix, ”Transvaal Ministers’ Declaration”, 9-10-1910.
3
Vide “Another Breach of Faith!”, 30-7-1910.
4
Vide “Transvaal Notes”, Indian Opinion, 27-8-1910.

118 THE COLLECTED WORKS OF MAHATMA GANDHI


whole Indian community in the Transvaal. Analogous to it is also the
case of the son of Mr. Tayob Hajee Khan Mahomed. If their sons,
who entered the Transvaal as minors, cannot remain in that Province,
hundreds of Indian parents may be obliged to leave the Transvaal. For
we cannot imagine these Indian parents in the Transvaal would be
inhuman enough to remain in that country if their sons, artificially
declared to be majors at the age of 16, are to be deported to India
without their natural protectors. Parents have taken their babies to the
Transvaal but, after the passing of the Act of 1908, assuming that
these babies are never sent to India until after they have reached the
age of 16, and that both the parents are in the Transvaal, where is the
lad now 16 years to be deported to? Assuming, further, that a child is
born to Transvaal Indian parents on the high seas, where is this child,
if male, to be deported after he reaches the Transvaal age of majority?
One would have thought that the Transvaal Government would have
stood appalled by the highly probable consequences of their
interpretation of the Act.
But, apart from the purely humanitarian standpoint suggested
above, we quote elsewhere General Smuts’ speech1 on the introduction
of the then Asiatic Bill, General Botha’s minute2 on the Asiatic
Conference and Mr. de Villiers’ (the then Attorney-General’s) report3
on the Asiatic Act. All these documents show that there was then not a
word said about the exclusion of minor Asiatics not born in the
Transvaal entering after the commencement of the Act. Indeed, they
all say that the Asiatic demand in this respect has been completely
met. The Asiatics never suspected that their minor children might be
treated as prohibited immigrants on reaching the age of majority.
Whatever may be the interpretation of the Act, there is the pledged
word of three Ministers at stake.
The question is too important to be left where the Supreme
Court may leave it, assuming that its decision is adverse. We have no
desire to anticipate its judgment, but this we cannot help saying, that it
is a matter of life and death for the Indians in the Transvaal. We wish
we could say that it would be a matter of honour with the people of
the Transvaal, indeed of the whole of South Africa. Will the humanity
of the South Africans tolerate what is a war against infants?
Indian Opinion, 10-9-1910

1
Vide Appendix, ”Transvaal Ministers’ Declaration”, 9-10-1910.
2
ibid
3
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 119


130. MESSRS RITCH AND POLAK
According to the cables published in the Press, Messrs Ritch and
Polak will soon be among us. These two friends of the community in
South Africa have worked, laboured and slaved for us as few of our
own countrymen have. They have identified themselves entirely with
our cause. They have indeed been friends in need. It is difficult, if at
all possible, to compare the work of the two. Each has done his best in
his own special department. Mr. Ritch is the soul of Lord Ampthill’s
Committee. Mr. Polak’s magnificent work received a public
recognition at Bombay when Professor Gokhale presented him with a
silver tea-set. 1 It was no exaggeration when the honourable gentleman
attributed to Mr. Polak the memorable collection of over £6,000 for
assisting passive resisters. We trust that both Messrs Ritch and Polak
will receive from the community such receptions as no other men
have received at our hands. They deserve it.
Indian Opinion, 10-9-1910

131. SUGGESTION TO INDIANS


We shall know on September 15 who is to rule in South Africa
in the immediate future. Will it be General Botha or Mr. Merriman or
Dr. Jameson? In all probability, it will be General Botha. Every Indian
must have realized by now that General Botha is not likely to be won
over by flattery.
A fire is raging all round the Indians. In some parts of America,
a forest catches fire and that fire cannot be put out. Troops go out to
quench it, but even they find it a most difficult task. Hundreds of men
are burnt to death. Neighbouring villages are razed to the ground. A
similar fire is raging round the Indians in South Africa. But we have
not yet taken the warning. This shows our apathy and our selfishness.
In Cape Town, thanks to the efforts of Dr. Abdurahman and his
friends, Indian trading licences were not touched so far. But that has
now changed. The Town Council has refused to grant any licences in
certain areas. Mr. Alexander was the only one to oppose this. Mr.
Liebermann, who was once on our side, said that his eyes had opened

1
Vide “Farewell Dinner in Bombay”, Indian Opinion, 3-9-1910.

120 THE COLLECTED WORKS OF MAHATMA GANDHI


after the report of the Chamber of Commerce. Others, too, spoke to
the same effect, with the result that no licences were granted.
Though the Natal Act has been amended, a man like Mr. Goga
did not get a licence [for trading] on his own premises in Ladysmith.1
We find the same kind of high-handed treatment in Estcourt, too.2
About the Transvaal, the less said the better. There, those who
have submitted to the law continue to get licences, but this will not last
long. In what is described as the gold area, no licences are issued. Else
where, too, if they can, on some other ground, refuse a licence, they
certainly do so. Indian businessmen should note that after the Union
Parliament is formed, trading licences will come under heavy fire.
What are we doing, meanwhile? First, We must say with regret,
we waste our time in idleness or pleasure-seeking. Secondly, once our
own end is served, we show little concern for others. Thirdly, we are
vindictive and fight among ourselves. Fourthly, sometimes there are
quarrels between Hindus and Muslims on issues both small and big;
and when they are not fighting with each other, they as well as the
Muslims are busy quarrelling among themselves. Thus, everyone goes
his own way, unmindful of the others.
If there were no fire raging round us, perhaps we would not
have much to say against these selfish and otherwise unseemly ways—
no one, in any case, would listen to what we might say. A little
reflection will show to Indians that, if every person looked to his own
immediate interest, all of them would be in trouble before long. We
should not have to point out that the interests of the community
comprehend those of every individual Indian.
We believe they will lay hands first on the traders. Some Indians
may imagine that traders can escape harassment if they keep aloof
from other Indians. That this is mere short-sightedness is plain
enough. Right from the time that the movement against the Indians
started, the whites have had their eyes on their trade. It is the traders
alone whom they harass. True, some selfish whites, wishing us to chop
off our feet, do advise the traders that they will be saved if they
dissociate themselves from the others. Some say, again, that they will
have no difficulty to face, if they do not get involved in the affairs of
others. Everyone is told the same thing. Should we conclude from this

1
Vide “Indians under the Union”, 13-8-1910
2
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 121


that there would be difficulties for no one? The truth of the matter is
that, if they can ruin us by soft words or baits, they would prefer to do
it that way. Failing that, they will adopt other means.
There is only one simple way in the face of this snare, and that is
to be alert and shake off our apathy, to get rid of our selfishness and
our internal quarrels, and to adopt all necessary measures.
As for the steps to be taken, making petitions, going to court, if
we have the money for that, fighting out in England, to the best of
ourability—all this may be good enough, but effective remedy there is
only one. Without satyagraha, everything will be unavailing.
Satyagraha means our own strength. In the absence of such strength
of our own, no strength of any other kind will enable us to hold our
ground for long.
[From Gujarati]
Indian Opinion, 10-9-1910

132. LETTER TO CHHAGANLAL GANDHI


TOLSTOY F ARM,
Bhadarva Shud 7 [September 11, 1910] 1
CHI. CHHAGANLAL,
It is now five days since a cable2 was sent concerning you, but
there has been no reply so far. I infer from this that you are still there3
and have not made up your mind yet. The reasons you put forward
for not coming here are all feeble and only indicate that your mind
has weakened. Your body had grown weak even in India. There won’t
be any difficulty about your treatment and nursing in Phoenix.
Perhaps I may have to stay there, or you too may have to come here.
Moreover, your health has not deteriorated so much that someone has
always to be by your side and look after you. Even if it deteriorates to
that extent, the facilities that are available in Phoenix are, I think, not
to be found in India, at any rate just now. You might, I am afraid,
cause pain to Khushalbhai by going to India. If you propose to go to
the countryside in India, why, that life is already available in Phoenix.
And if, after all, you feel restless in Phoenix or if it does not suit your

1
This letter was written during the addressee’s absence from South Africa in
1910.
2
Not available
3
In England

122 THE COLLECTED WORKS OF MAHATMA GANDHI


health, you can very easily go to India. Even from the financial
standpoint, it would be more proper for you to stay at Phoenix. If you
do so, we won’t have to bother Doctor [Mehta] and you won’t have to
go searching for a job in India.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4937 Courtesy:
Chhaganlal Gandhi

133. A PRAYER TO THE KING-EMPEROR


The Indian South African League has taken a bold step in
sending a cable 1 to the King-Emperor praying for His Majesty’s
gracious intervention on behalf of the passive resisters in the
Transvaal. The cablegram as also Mr. Natesan’s spirited letter to the
Madras Mail, extracts from which we reproduce elsewhere, shows that
the feeling on the question runs high in that Presidency. Indeed, Mr.
Bennett, the proprietor of The Times of India, said that no question
stirred the people of India so much as the question of the sufferings
of the Indians in South Africa. Now The Times writer confirms the
statement.2 It is on rare occasions that personal appeals are made to
the sovereign. We shall not have to wait long before we learn what
answer has been returned to the prayer of the League. Whatever the
answer, it is most satisfactory to learn that the passive resisters have the
full and active sympathy of those for whose honour they are fighting.
Indian Opinion, 17-9-1910

134. EFFECTIVENESS OF THE STRUGGLE

We hear it being said by many that the Transvaal agitation has


no force left. We have repeated, time and again, that so long as at least
one person remains to continue satyagraha, we may rest confident that
victory will be ours. That is the only test of satyagraha.
During this week two telegrams have been received which lend

1
Vide “Deported Indians Appeal to the king”, Indian Opinion, 17-9-1910.
2
Vide “The Times Correspondent’s View”, Indian Opinion, 17-9-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 123


support to our view. In one of them, we note that the League1 in
Madras, which has been helping us, has addressed a cable 2 to the
King-Emperor about the deportees arriving there and prayed for his
intervention. In England, The Times has been publishing a series of
articles on the current unrest in India, in which it is pointed out that
the sufferings of India are a disgrace to British rule. We can see from
these two developments that the Transvaal struggle remains as
effective as ever. Efforts continue to be made on our behalf from
every side. Even a person like Mr. Merriman, while speaking on the
problem, was obliged to speak out in our favour. Commenting on his
views, The Transvaal Leader, too, asks for justice.
This support that we are getting should encourage us and
strengthen the weak. But at the same time we should like to point out
that satyagraha does not require encouragement from others. It is like
a razor’s edge. He who would walk on it does not pause to think of
ways of securing help from others.
[From Gujarati]
Indian Opinion, 17-9-1910

135. SORABJI RELEASED

Mr. Sorabji has been released. What, one wonders, will he do?
He has spent most of his time in one and the same gaol right from the
moment the second phase of the struggle began. Just as the heaviest
load falls on the foundation, the weight [of the struggle] has fallen on
Mr. Sorabji, and he has been bearing it. The Indian community has
few gems like Mr. Sorabji, who fights on in silence and without a
thought of self. He is a gem, however, which wins honour for the
entire community and makes its name illustrious.
[From Gujarati]
Indian Opinion, 17-9-1910

1
The Indian South African League
2
ibid

124 THE COLLECTED WORKS OF MAHATMA GANDHI


136. SPEECH AT DURBAN1
September 20, 1910
At the outset Mr. Gandhi explained the present position regarding the
Transvaal struggle. He conveyed to the audience an idea of the great strength of the
struggle in spite of the fact that only a handful of satyagrahis were participating in it.
He stressed how important it was for the entire Indian community at Durban to give
rousing receptions and banquets to the deportees when they landed at Durban, as the
latter were soldiers fighting for the sake of the entire Indian community. He pointed
out that it was their duty to give a hearty welcome to Mr. Polak also in view of the
important services rendered by him in India.
[From Gujarati]
Indian Opinion, 24-9-1910

137. SPEECH AT MEETING OF KATHIAWAD ARYA


MANDAL2
DURBAN,
September 20, 1910
Mr. Gandhi . . . explained things to the audience here as he had done at the
earlier meeting3 of the Colonial-born Indians. He pointed out that, in addition to a
rousing reception which should be given by the entire Indian community at Durban to
the deportees and Mr. Polak, it was the duty of every association individually to give
them addresses and dinners and to raise funds for their reception.
[From Gujarati]
Indian Opinion, 24-9-1910

138. A NOTABLE EVENT


The election of the Rev. Dr. Rubusana as a member of the Cape
Provincial Council for Tembuland by a majority of 25 over his two
opponents is an event of great importance. The election is really a
challenge to the Union Parliament with reference to the colour clause.
That Dr. Rubusana can sit in the Provincial Council but not in the
Union Parliament is a glaring anomaly which must disappear if South
Africans are to become a real nation in the near future.We
congratulate Dr. Rubusana and the Coloured races on his victory and

1
At a meeting of Colonial-born Indians.
2
Held to consider the giving of receptions to Polak and the deportees
3
Vide the preceding item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 125


trust that his career in the Council will do credit to him and those he
represents.
Indian Opinion, 24-9-1910

139. JUDGMENT IN BOY’S CASE


Justice Wessels’ judgment has gone against Mr. Chhotabhai’s
son. If this judgment stands, the Indian community will find itself in a
hopeless situation and be uprooted before long. An appeal has been
filed. Its result will be known within only two or three days of the
publication of this comment. Let the appeal court’s decision be what
it may; we are little concerned with it. We give elsewhere a report of
the case in Justice Wessels’ Court. It is worth studying. He has stated
that the Government’s attitude is unjust and inhuman and that, if it is
persisted in, there will be a howl against it throughout the civilized
world. We are watching what the civilized world has to say. There is no
doubt, however, that the Government, as pointed out by the judge,
acted with great severity.
If that is so, why did he give judgment against the boy? This
question will occur to everyone. It shows up the degrading position of
present-day courts. They may dispense injustice instead of justice. It is
considered justice on the part of a court if its judgment follows the
letter of the law, when this is in conflict with the spirit of justice. In
other words, an action which Justice Wessels, the man, pronounces
unjust is upheld by him as just in his capacity as a judge.
We cannot submit to such justice or injustice. It is necessary to
call meetings everywhere and pass resolutions about this. We cannot
rest till the matter is settled satisfactorily.
A perusal of the judgment and the report will show that, even
under the Act of 1907, children born outside the Transvaal are not
entitled to enter it. Mr. Gregorowski fought hard on this point but
Justice Wessels was emphatic that such boys were not protected under
the Act of 1907.
[From Gujarati]
Indian Opinion, 24-9-1910

140. LETTER TO HERMANN KALLENBACH


September 24, 1910
MY DEAR LOWER HOUSE,
If you go on as you are the tables will be turned and I shall have
to be the Lower House.

126 THE COLLECTED WORKS OF MAHATMA GANDHI


What more can you do than what you are doing at Pinetown? I
am doing less here than what you are at Pinetown. Such is my real
opinion. Then why am I not joining you there? My answer is in the
language of the Bhagavad Gita that although my work is less than
yours, my duty just now lies in that direction. Pray go on, therefore,
with sandal-making. And do take care what you spend.
We cannot meet today. I am taking Mr. Omar by the 2.25 train.
If you come to Phfinix, as I hope you will, we can talk away
tomorrow. Cordes will be with you in the train. I shall not send
anyone to the station as I am not sure what you would be doing. But
some dinner will be reserved for you. If, however, you think that you
want perfect quiet, you need not come.
I return Monday 8.55 train in the morning.
Your remarks about Parsee’s servant do great credit to your
heart. Parsee has written sending for him. If the man will come we
shall take him to Phoenix on Monday. Yes, everything possible should
be done for him.
I am leaving letters for you.
I did not at all like the idea of your having bought prunes. It is
good neither for you nor for Mrs. Gandhi.
Manilal writes saying he has been watering as per your
instructions. Poor boy, he was down with fever on Wednesday.
Harilal, Medh and Sodha1 have gone to the Farm.2
If nothing important keeps you in town and if you are quite
self-possessed, you should come to Phoenix.
Can’t say when you will be required. Parsee wants me to thank
you much for your attention to his servant.
With love,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

1
R.M. Sodha
2
Tolstoy Farm offered by the addressee for the use of Satyagrahi families;
vide “Johannesburg”, 13-6-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 127


141. LETTER TO G. K. GOKHALE
P HOENIX,
NATAL ,
September 30, 1910
DEAR PROFESSOR GOKHALE,

I have come here to receive Mr. Polak. 1 I hope to write to you


on the situation in a few days’ time.
This is to introduce Mr. Manilal Doctor, M.A., Bar-at-Law. Mr.
Doctor has been practising in Mauritius for some time. In my opinion
he belongs to that class of professional men who use their profession,
or try to, to advance national rather than personal interest. He is going
to the Congress as a Delegate and will much appreciate your advice
and guidance.
I am,
Yours truly,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: G.N. 3801

142. RITCH TO BE HONOURED

The resolution of the British Indian Association to honour Mr.


Ritch is a welcome move. Mr. Ritch has been a great asset to the
Committee. Thanks to his intelligence, perseverance and wholehearted
devotion to work, the Committee has won wide public notice and the
Imperial Government is obliged to give due consideration to its views.
All praise Mr. Ritch’s energy with one voice. He will first land in Cape
Town, where he will be the guest of the community. We are sure it will
give him an excellent reception and so do credit to itself. We publish a
photograph of Mr. Ritch as a supplement to today’s issue.
[From Gujarati]
Indian Opinion, 1-10-1910

1
Polak, who had been on deputation to India, returned by s. s. Sultan ,
arriving at Durban on September 28, 1910.

128 THE COLLECTED WORKS OF MAHATMA GANDHI


143. INDENTURED INDIANS’ PLIGHT
We believe that, if we had not been alert and had not raised a
protest, the account which appears in The [Natal] Mercury under the
title ‘Spotted Fever’ would not have come out. The facts are as
follows: Some indentured Indians arrived by the Umhloti at the
beginning of this month. These Indians were brought from India
specially for Sir Liege Hulett. An epidemic of spotted fever broke out
among them, as a result of which several Indians were reported to have
died. On hearing of this, we addressed an inquiry to the “Protector”
of Indians, to which we received an evasive reply. We wrote again. In
reply, we were asked to refer to the Mercury. The account in the
Mercury1 did not satisfy us. In fact, it was the duty of the “Protector”
to give us full information. But we shall not say anything about this
rudeness on his part. It appears from the report in the Mercury, which
is, in fact, the “Protector’s” own report, that the gentleman is not
concerned about the welfare of those who are placed under his
protection. He is only worried lest spotted fever should break out
among Europeans. He says that there is no reason to entertain such a
fear. Moreover, lest the flow of indentured Indian labour should stop
if it were to get known that such epidemics occurred only among
indentured Indians, he has put out the report in such skilful language
that it would apply to all Indians. In point of fact, however, there is
seldom any such epidemic among Indians other than indentured
labourers. He has given no information as to how many indentured
labourers had set out, by whom they were to be employed, how many
of them fell ill, and the present whereabouts of those who did not fall
ill. We shall not allow this matter to rest here. It is necessary to pursue
it to the end. We hope that the Congress will take it up.
Further, the “Protector” has stated that this disease makes its
appearance in surroundings which are not cleaned for long periods
and are shut out from sunlight and air. Well, the epidemic broke out
on board a ship and there the supervision and the responsibility are
those of the “Protector” or his agent. Why did he allow people to
remain in filthy, dark and unventilated surroundings? It is quite plain
that the blame for this lies entirely with the “Protector”. Only those
1
This and the letters and the replies referred to herein were published in
Indian Opinion, 1-10-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 129


held in indenture—slavery—can possibly be reduced to such a plight.
Indians who would not feel happy if they were themselves to be
placed in this position should strive their utmost to put an end to the
system of indenture.
[From Gujarati]
Indian Opinion, 1-10-1910

144. TELEGRAMS TO L. W. RITCH1


[DURBAN,]
October 4, 1910
SEE 32 DEPORTEES.2 THEY HAVE CAPE RIGHTS UNDER
IMMIGRATION ACT. ACCORDING OLD ACT PERSONS BORN
OR DOMICILED ANY PART SOUTH AFRICA ENTITLED
ENTER CAPE. IF THIS CONTENTION NOT ACCEPTED, AD-
VISE MOVING COURT ALLOW REGISTERED INDIANS
PASS THROUGH UNION TO TRANSVAAL.
In a second telegram Mr. Gandhi said that some of the men had domiciled Cape
rights, and some were born in South Africa, and advised Mr. Ritch to see them, and
inquire whether they would apply for duplicates of the registration papers.

Indian Opinion, 15-10-1910

145. INTERVIEW TO “RAND DAILY MAIL”3


DURBAN,
[October 4, 1910]
There are strong signs here that the Asiatic trouble in the Transvaal is about to
be renewed. Mr. Gandhi and Mr. Polak, the latter of whom has just returned from
Madras, are taking up between them this week 29 deportees, including three Chinese,
in pursuance of the passive resistance movement. They all expect to be intercepted at
Volksrust and are prepared for the consequences.

1
Both telegrams were received by Ritch on October 4, 1910 at Cape Town
and were cited in the Supreme Court in the Deportees’ case on October 7.
2
They arrived at Durban on September 28 from Bombay by s. s. sultan along
with Polak but were not permitted to disembark and were sent by s. s. Pinzregent to
Cape Town where, too, landing was disallowed.
3
This was published under the title “The Passive Resisters”.

130 THE COLLECTED WORKS OF MAHATMA GANDHI


Mr. Gandhi seen today denied all knowledge of the statement in a Pretoria
newspaper that the Union Government had considered the Asiatic policy since the
elections, and intended to make concessions to the resident Indians. He believed that
the restriction measures were to be enforced in all their original vigour. He said he had
had a telegram from Johannesburg saying that the staunchest passive resister there
had been re-arrested for the eighth time.
Rand Daily Mail, 5-10-1910

146. SPEECH AT RECEPTION1


DURBAN,
October 4, 1910
As he [Gandhiji] began to speak in English, he was interrupted by shouts of
“Tamil” from the audience, whereupon he said that that too might be possible in
course of time, provided General Smuts sent him to gaol. He then paid compliments
to Mr. J. M. Lazarus, Mr. Rustomjee and others who had worked to make the function
a success, called upon the former satyagrahis to join the struggle again and pleaded
forcefully with them that they must win in the struggle. He urged them also to look
after the next batch of deportees when they arrived. He pointed out how Mr. Ritch had
taken on a big job in Cape Town and urged the community to extend an invitation to
Mr. Ritch and give him a public reception.2

[From Gujarati]
Indian Opinion, 8-10-1910

147. SPEECH AT RECEPTION3


DURBAN,
October 5, 1910
Receptions are all right as far as they go, but the important thing
is that people should go to gaol. Mr. Ritch has set an example to
Indians by plunging into work without enjoying any rest. Mr. Sorabji
has been arrested for the eighth time, not remaining out of the
struggle even for a while; this, too, is an example for you to follow. So
1
In honour of Polak
2
After this Gandhiji spoke in Gujarati; the text of this speech is not
available.
3
Arranged by the Kathiawad Arya Mandal, at Mr. Parsee Rustomjee’s place,
in honour of Polak and the satyagrahis back from India

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 131


long as you do not learn to be true satyagrahis yourselves, you will
not get the full benefit of victory in the struggle. Those who come
forward to fight are assured of victory, and it is they alone who truly
live.
[From Gujarati]
Indian Opinion, 8-10-1910

148. INTERVIEW TO REUTER AND S. A. PRESS AGENCY1


VOLKSRUST,
[Friday, October 7, 1910]
M. K. Gandhi, leader of the Indian community in Johannesburg, who had been
to Durban to meet Mr. Polak, secretary of the British Indian Association, passed
through Volksrust on his return to the Rand by the up mail yesterday evening. To the
surprise of all, no arrest was made.2 This is strange, because Gandhi had no permit.
I interviewed Gandhi who said he had burned his permit two years ago in
company with about 2,500 Indians in Johannesburg, when, as the Indians contended,
the Government failed to carry out its promise to repeal the Asiatic Act of 1907. 3
Gandhi stated that he himself could not understand why he was allowed to pass
unchallenged, while his son with thirty other resisters who will pass through
Volksrust this (Saturday) evening will doubtless be arrested. The Indian community’s
demands were so reasonable that it was difficult to understand why they were not
granted. They did not want an unrestricted influx of Asiatics. All they said was that
Indians should not be restricted because they were Indians. The Immigration Law
could impose a stiff educational test so as to prevent the entry of all but a few highly
educated Indians into the Transvaal province.
Gandhi said he had not yet heard anybody objecting to such a proposal.
However, so long as this very simple point was not granted the determined passive
resistance would continue. In conclusion he indignantly repudiated the suggestion
that the passive resisters had anything to do with the cases of forged permits which
were tried at the Circuit Court in Volksrust on September 26.

Rand Daily Mail, 10-10-1910

1
This was published under the title, “Passive Resisters”.
2
Vide “Interview to Rand Daily Mail”, 4-10-1910
3
Vide “Speech at Mass Meeting”, 16-8-1908.

132 THE COLLECTED WORKS OF MAHATMA GANDHI


149. JOHANNESBURG

C HHOTABHAI C ASE

We have now received the report of the hearing of the appeal1 in


this case. The case was argued at great length. The bench consisted of
Mr. de Villiers, Mr. Mason and Mr. Bristowe. Mr. Gregorowski
argued hard, and the exchange of arguments between him and the
judges showed that the latter’s sympathy was on the side of Mr.
Chhotabhai. This time, too, the discussion related both to the Act of
1907 and that of 1909 2 . Mr. Justice Mason went so far as to observe
that the law could not indirectly deprive the boy of the rights which he
enjoyed prior to 1907.
Mr. Justice Bristowe, commenting on Mr. Chamney’s affidavit,
said that they could not rely on his opinion in deciding whether or not
Mr. Chhotabhai should be treated as a resident of the Transvaal. What
[he asked] could Mr. Chamney know about the matter?
[From Gujarati]
Indian Opinion, 8-10-1910

150. LETTER TO MINISTER OF INTERIOR


[JOHANNESBURG ,]
October 8, 1910
SIR,

I have just returned from Durban, where I had gone in


connection with the British Indians and Chinese who were deported
from this Province to India, and who had returned again to claim
entry. I am aware that the Chinese produced registration certificates,
but that, as they were deported under an administrative order, your
Department declined to recognise the right of those Chinese to
re-enter the province, and that, therefore, the Immigration Officer at

1
Against Justice Wessels’ judgment; vide “Judgment in Boy’s Case”,
24-9-1910
2
This should be “1908”.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 133


Durban declined to issue visitor’s passes enabling these Chinese to
proceed to the Transvaal. May I know whether the information given
to me was correct, and whether it is the intention of the Government to
treat these men who produce the certificates as prohibitedimmigrants
because of an administrative order of deportation against them? May I
know also whether, in the event of the Government holding that these
people are prohibited immigrants, they will afford facilities to
aggrieved parties to test their right before a Court of Law by granting
them permission to land in South Africa? As the matter is urgent, and
as cases like the above may arise in Durban very shortly, I shall be
obliged if you will favour me with an early reply.

Indian Opinion, 15-10-1910

151. ADDRESS TO H. S. L. POLAK1


JOHANNESBURG ,
October 9, 1910
DEAR SIR,

On behalf of the Association we heartily welcome you back


among us. We have closely watched your mission in India, and every
Indian recognises that the magnificent work done by you in India
shows that no better choice could possibly have been made. You have
with unexampled energy informed the whole of India of the true
position in this Province. The collection made in India for the relief of
indigent passive resister families and for helping the passive resistance
struggle generally is a magnificent record.
The whole of the Indian community in South Africa is
interested in the stoppage of indentured labour, and your work in that
connection fills us with hope that the cruel system will soon cease.
We shall never forget the sacrifices that you and Mrs. Polak have
made in accepting separation from each other for the sake of the
cause. We trust that both you and yours will be long spared to

1
Presented by the British Indian Association at a meeting to welcome Polak.
Held in Fordsburg Mosque, this address was read out by Sorabji and was published in
Rand Daily Mail under the title “Indians and Indentured Labour” and in Indian
Opinion, 15-10-1910, under the title “Mr. Polak’s Arrival in Johannesburg”.

134 THE COLLECTED WORKS OF MAHATMA GANDHI


continue the humanitarian work that you have been doing.
We are,
Yours faithfully,
A. M. C ACHALIA
C HAIRMAN
M. K. G ANDHI
HON. S ECRETARY
Rand Daily Mail, 10-10-1910

152. JOHANNESBURG
Tuesday [October 11, 1910]
S UPPORT OF “THE TRANSVAAL LEADER ”
The Transvaal Leader has written a strong article. It appears to
have been written under the impression that a settlement is about to be
reached. The writer points out that it is General Smuts who is
responsible for the prolongation of the struggle. He has shown the
Indian demand to be quite reasonable. He has passed severe
comments on the Chhotabhai case and made a powerful plea for the
removal, at the earliest opportunity, of any defect that may be found
in the law. He has taken to task the Government prosecutor.
MR. R ITCH
Mr. Ritch left Cape Town on Monday. He will reach
Johannesburg on Wednesday and return to Cape Town when the cases
of 11 Indians come up for hearing.
S ATYAGRAHIS IN THE C APE
Mr. Ritch’s presence in the Cape helped 11 satyagrahis to
disembark.1 They have been provisionally allowed to disembark in
order to enable them to prove their rights [in a court]. 2 These must
now be proved. Preparations for that are going on. The satyagrahis
are the guests of the Indian community and both they and Mr. Ritch
are being looked after by Mr. Adam Gool. Addresses have been
received from the Indian Union at Kimberley for presentation to Mr.
Ritch and Mr. Polak.
1
Vide “Telegrams to L. W. Ritch”, 4-10-1910
2
Vide “Letter to Minister of Interior”, 8-10-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 135


C OLLECTIONS FOR ADDRESSES
Three separate collections are being made for the addresses.
One is on behalf of the Association: for this, Mr. Cachalia, Mr.
Sorabji, Mr. Medh and Mr. Sodha have been going round. Mr.
Thambi Naidoo is busy collecting funds for an address on behalf of
the Tamils. The Hindu Association is also raising a fund for an
address. The addresses to be presented by the Hamidia Islamic Society
are ready. If Mr. Polak reaches here by Saturday1 , the address and the
party by the Tamils will be on Sunday.
[From Gujarati]
Indian Opinion, 15-10-1910

153. EXTRACT FROM LETTER TO S. A. B. I. COMMITTEE


[JOHANNESBURG ,
After October 16, 1910] 2

. . . You will be deeply pained to hear that one more death


among passive resisters has occurred. The man who died, by name A.
Narayansamy, was one of those who returned with Mr. Polak from
India and who was not allowed to land in Durban. He proceeded,
together with 31 others, to Port Elizabeth, and thence to Cape Town,
where his landing, as also that of others, was prevented, and he was
obliged to return to Durban, with the prospect of being ultimately sent
back to India. Mr. Ritch says that he and the other passive resisters
were left without boots, hats, and even without sufficient clothing for
the body, their clothes having been stolen at Port Elizabeth. But for
the charity of the local Indians at Cape Town, they might have gone
back to Durban without food. These men have been continuously on
board now under exceptionally severe circumstances for nearly two
months. It is not at all surprising, therefore, that poor Narayansamy
has succumbed. I do not consider this a death in the ordinary course.
It is undoubtedly a legalised murder.
India, 18-11-1910

1
October 15. Polak who had arrived in Johannesburg on October 9, had
evidently gone out again during the week.
2
Narayansamy, referred to in the letter, died on 16-10-1910.

136 THE COLLECTED WORKS OF MAHATMA GANDHI


154. LETTER TO THE PRESS1
JOHANNESBURG ,
October 17, 1910
SIR,

Most of the newspapers published a telegram from Pretoria


some days ago to the effect that at last the Asiatic question that has
agitated the Colony for the last four years was about to be
satisfactorily settled. This news was supposed to be officially inspired,
but was immediately followed by the arrest of one of the staunchest
and best respected Indians in this province, namely Mr. Sorabji, and
his arrest was followed by that of three of his co-passive resisters,
equally brave, that is, Messrs Thambi Naidoo, Sodha and Medh.
I should, however, not have trespassed upon your courtesy and
the attention of the public in order merely to give the above
information. But, in my humble opinion, it is due to the public to
know something of the trials of those Indians and Chinese who,
although lawful residents of the Transvaal, and some of them born in
South Africa, were deported to India and returned per s. s. Sultan
about the end of last month.
The tragedy has culminated in the death of a most inoffensive
and law-abiding Indian named Narayansamy. When he left this
province for India as a deportee, he possessed a healthy constitution,
but over six weeks on the decks of different steamers exposed to all
sorts of weather evidently proved too severe for his constitution. Mr.
Ritch has pointed out that he and his fellow-deportees were not
allowed to see friends or legal advisers almost for a week while their
steamer was in Table Bay, and ultimately he had to obtain an order
from the Supreme Court before he could see tham. He has stated in a
letter to the Cape papers that he found these men bootless and hatless
and in some cases even without sufficient protection for the body,
shivering on the open deck of that steamer. They were refused
landing first at Durban, then at Port Elizabeth, then at the Cape, and
again at Durban, the last time in defiance of an order of the Supreme
1
This was published in Rand Daily Mail under the title “Death of a Deportee”,
and in Indian Opinion, 22-10-1910, as a letter to the Press. It was published also in
The Transvaal Leader of October 18, 1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 137


Court restraining the Immigration Officer from removing them from
the jurisdiction of the Provincial Division of Natal. The Officer, acting
under instructions from the Minister of the Interior, and in his
over-zeal to please his chief, gave a meaning to the order of the Court
which no common sense man would give, and in indecent haste sent
these men to Delagoa Bay with the result that, as above stated,
Narayansamy is no more.
I have not hesitated to call the death of the late Nagappan
legalized murder, and I fear that the death of Narayansamy must be
classed in the same category. I have the warrant of our own Court for
stating that deportation such as Narayansamy’s under an
administrative order, described by Mr. Laughton, K.C., as “Star
Chamber procedure”, is illegal. Narayansamy and his fellows, very
properly, as I think every lover of justice and fair play would say,
disregard such deportation, attempt to return to the country of their
birth or adoption and, in the attempt, are driven from pillar to post.
Inconceivable difficulties are placed in their way. Is such treatment
necessary? Passive resisters are told that they must not complain if
they find their lot to be hard whilst they are defying the laws of the
land. Passive resisters appreciate the advice. They have no desire to
avoid the ordinary consequences of the breach they deliberately
commit of laws which they consider to be repugnant to their
conscience. But I make bold to say that the public will never endorse
the infliction of what amounts to a sentence of death as in the cases to
which I have just drawn attention. I doubt not that the people of South
Africa wish to see general rejoicing and goodwill among all the
communities residing under the Union, on the approaching visit of a
representative of the King, and on the eve of the opening of the first
Parliament of the Union. Is the Indian community in any part of
South Africa to be expected to share the rejoicings that will take place
at the end of the month, and to partake of the goodwill that should
permeate all classes?
I am, etc.,
M. K. GANDHI

Rand Daily Mail, 18-10-1910

138 THE COLLECTED WORKS OF MAHATMA GANDHI


155. LETTER TO HERMANN KALLENBACH
Wednesday [October 19, 1910] 1
MY DEAR LOWER HOUSE,

It is just 6 a.m. and this is the first letter I have taken up. I am at
Mr.Omar’s house which you would like immensely. It is clean. It
faces the race course. I could not go to Phoenix yesterday as there was
a memorial meeting regarding Narayansamy. Slept on the verandah
of the house and got up at 5.15 a.m., washed my sleeping suit and
shirt there. I am now writing. Passed the whole of the afternoon
yesterday seeing the men. Afterwards served notice on Chamney who
happens to be here. He has sent the message asking me to see him at 9
a.m. I shall see what happens then.
Read before going to bed Harishchandra about whom I gave
you the book from Natesan. It you have not read it yet, I suggest your
reading it at once. On the way I read The Minds of Two Judges. It is a
powerful pamphlet and alas too true both in its con- demnation of the
English methods and the Indian. Without the latter being bad, the
former could never have secured a footing. Cordes, I observe, has
taken a deck passage. He leaves on the 6th November. There is no
restraining him. He is a wonderful man. We can only pray for him
and help him to go through the ordeal he has set before himself. He
will say that we talk and he does it. In taking deck passage he has
certainly done it. Have not yet seen any of the Phoenixites.
I hope that the roof was finished or at least commenced
yesterday.
With love,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

1
From the reference to the memorial meeting regarding Narayansamy, who
died on October 16, 1910; vide “Extract from Letter to S.A.B.I. Committee”, After
16-10-1910, . The Wednesday following fell on October 19.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 139


156. LETTER TO MAGANLAL GANDHI
TOLSTOY F ARM,
Aso Vadi 1 [October 19, 1910] 1
CHI. MAGANLAL,

I saw your letter after reaching the Farm. Nowadays I have to go


to Johannesburg daily. Please continue to address your letters to the
Farm. I have read Chi. Chhaganlal’s letter. We shall know more from
his letter tomorrow. Chi. Narandas’s attitude of indifference to
worldly pleasures is a good sign. I wish that he receives encourage-
ment. Bombay is not the place for that. But Narandas is entirely in
Khusalbhai’s2 hands. He will get an opportunity for public service if
any of you brothers can politely cure Khushalbhai of his infatuation.
If, however, he does not get an opportunity to do public service in this
life, he will, if he so wishes, get it without effort in the next.
I enclose herewith Doctor [Mehta]’s letter about Chi.
Chhaganlal for you to read. Please destroy it after perusal.
Ba wants me to ask you to buy two small locks for the water
tank. The suggestion seems to be quite good. Her idea is that he who
really wants water may certainly use it, but the tap should not be
opened by all and sundry. Moreover, she wants to know whether or
not you have put all the things—cots, etc.—in their proper places. If
not, please do so. If the Monday meetings are held in that house, it
will incidentally get cleaned every week. I think it is better for Veerjee
to live in the house formerly occupied by Bihari. It is not good to
have to bother about cleaning the big house every day. Please send
me at your convenience a list of the books received. Ba is positive that
some rice is there in a bag behind the kitchen door. Please look for it
there once more. It is not good that it should get more and more late
each Friday.3 Purshottamdas thinks that it is due to slackness on
someone’s part. Please try to complete the work in time by doing it all
together with more energy and enthusiasm. Now that the days have
become longer, it will be better if you can go [to the press] early in

1
This letter appears to have been written during Chhaganlal Gandhi’s absence
from South Africa in 1910, in which year Aso Vadi I corresponded to October 19.
2
Gandhiji’s cousin and Narandas’s father
3
The reference is to getting Indian Opinion ready for despatch.

140 THE COLLECTED WORKS OF MAHATMA GANDHI


the morning on Fridays.
Do not give up your study of Tamil. What is Chakor digging
pits for? Please do not ask him to do anything which you consider
unnecessary. Mr. Polak says that Muthoo had been there on Friday.
Please send me the passage on tuberculosis which is with Mr. West. I
want to show it to a tuberculosis patient.
I have sent a telegram1 to Anglia Sheth today. I had got the news
from Rustomjee Sheth. Please read the article written by someone in
The Transvaal Leader about Tolstoy Farm. It has appeared in the
issue of today, the 19th. It is not known who the writer is.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4938 Courtesy:
Radhabehn Choudhri

157. NARAYANSAMY
Narayansamy is dead,2 but even in death he lives. He is no more
in the body, but he has left an immortal name behind him. Birth and
death are the common lot of all. If we consider the matter deeply, we
shall realize that death, whether it comes early or late, should be no
cause for grieving or rejoicing. On the contrary, to die in the service
of the community or in the pursuit of some other good aim is in
reality not to die but to live. Is there any patriotic Indian who will not
be prepared to die for the sake of the motherland? Of course, none.
So long as we do not have this [spirit] in us, we cannot claim to be
patriotic.
Narayansamy suffered much. A voyage on the deck is full of
hazards, all the more so if one has insufficient clothing and is
handicapped in other ways. Narayansamy undertook such a voyage
for the sake of themotherland. He has left the world, facing suffering
till the end. We shall count him a true satyagrahi. Terms in which we
cannot speak of even the greatest satyagrahi will be quite justified
when applied to Narayansamy. He has died a perfect satyagrahi. Even
1
On the death of his daughter as “the result of her clothing catching fire from
a stove”. The telegram is not available.
2
Vide “Extract from Letter to S.A.B.I. Committee”, 16-10-1910 and “Letter to
the Press”, 17-10-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 141


a staunch satyagrahi will deserve our praise only when he has proved
his worth to the full.
Nagappen achieved immortal fame in his death. And so has
Narayansamy. While grieving with the members of his family on
account of his death, we shall also congratulate them. All honour unto
their mothers for having given birth to Nagappen and Narayansamy.
Though we think thus that Narayansamy died a hallowed death,
so far as the Transvaal Government is concerned, it can be charged
with legalized murder. If anyone places another person in
circumstances which result in his death, the former may be charged
with the latter’s murder. This is just what has happened in
Narayansamy’s case. He and his companions were taken first, from
Durban to Port Elizabeth, thence to Cape Town, from Cape Town
again to Durban and so on. There were innumerable difficulties about
accommodation, clothing and food. If the Indian community had not
provided the other Indians with clothing and food, they too would
have been reduced to the same plight. In acting thus, the Transvaal
Government has been guilty of extreme harshness and its harshness
has resulted in Narayansamy’s death. Hence we charge the
Government with murder. Since no legal steps can be taken against it,
though it is guilty of murder, we call this legal murder.
Nagappen and Narayansamy have thus left us. The Tamil
community is laying the other Indians under an increasingly heavier
debt. It is covering itself with greater glory day by day. How will it
ever be possible after this to make an adequate return for the services
of the Tamil community? Other Indians would do well to take a lesson
from it and, copying its example, learn to suffer in silence for the sake
of the motherland. The [Indian] community will disgrace itself if it
fails in this.
[From Gujarati]
Indian Opinion, 22-10-1910

158. INDIANS’ FUTURE


We reported last week that Parliament at its next session would
pass an Immigration Bill applicable to the whole of South Africa. We
have received this news through official sources. Though we may not
rely upon it entirely, it is certain that the Indian community needs to

142 THE COLLECTED WORKS OF MAHATMA GANDHI


be on its guard. Very likely, they will delude the community with
some superficially attractive provisions in the Immigration Bill and
pass it. It may perhaps contain a provision to the effect that only such
Indians as are approved by the Indian residents in South Africa may
be permitted to enter as fresh immigrants. If the Indians of the Cape
or Natal or the Transvaal walk into this snare, that will be a dishonour
to the community and will bring disgrace on the name of Indians. We
should repeat it over and over again to ourselves that we must not
accept any law which discriminates against Indians as Indians. When it
is sought to enact a law applicable to the whole of South Africa, it is
but proper for the community to call a meeting of Indians from all
parts of South Africa and take whatever steps may be necessary in
consultation with them. If there is any undue haste in this matter or if
a body of Indians or an Indian leader, prompted by self-interest, gives
any undertaking, they will have reason for regret afterwards.
[From Gujarati]
Indian Opinion, 22-10-1910

159. TRADING LICENCES IN THE TRANSVAAL


The Transvaal Government is not likely to leave the Indian
traders there in peace, nor are the whites. Municipalities in the
Transvaal have been passing resolutions asking for the expulsion of
Indian traders from the country after payment of compensation. We
have heard of some Indians approving such a move. They are certain
that there will be nothing wrong in leaving this country if an adequate
amount is paid in excess of the cost [by way of compensation]. This is
a short-sighted view. In the first place, we believe that even one-fourth
the amount of profit that we hope for will not be offered. They will
pass a law which will hardly allow anything over and above the market
price [of the stocks]. Indians, in that case, will be ruined. Hardly
anyone from among the Indians settled in South Africa earns much
after going to India. All of them come back to this country. In these
circumstances, to think of accepting some payment and returning to
India is obviously senseless. It should also be borne in mind that we
shall prove ourselves cowards if we allow the Government to drive us
out. We think we have as much right to be in this land as the whites
have. From one point of view, we have a better right. The negroes
alone are the original inhabitants of this land. We have not seized the

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 143


land from them by force; we live here with their goodwill. The whites,
on the other hand, have occupied the country forcibly and
appropriated it to themselves. That, of course, does not prove their
right to it. A large number even from among them believe that they
will have to fight again to defend their occupation. But we shall say no
more about this. One will reap as one sows. All that we wish to point
out is that Indians will prove themselves selfish if, for the sake of a
little money, they accept the offer of something over and above the
cost price of their stocks and leave. If they leave out of fear, they will
show themselves to be cowards. We hope it will not please any Indian
to earn either of these epithets.
[From Gujarati]
Indian Opinion, 22-10-1910

160. LETTER TO REGISTRAR OF ASIATICS

DURBAN,
October 25, 1910
M. C HAMNEY , E SQ.
R EGISTRAR OF ASIATICS
DURBAN C LUB

SIR,

With reference to Mr. Perumal Pillay and 18 other British


Indians who are at present being detained at Salisbury Island under
order of Court, I have the honour to inform you that all of them claim
to have been voluntarily registered in the Transvaal and that 15 of
them intend to apply for duplicates of their Registration Certificates.
I interviewed Mr. Harry Smith, the Principal Immigration
Restriction Officer, this afternoon, who, I understood, is the officer
appointed by you under Section 10 of the Regulations passed under
Act of 1908 to receive applications, etc. Mr. Smith informs me that he
cannot receive the applications in respect of these men as they have
been once deported. The contention of the men is that they have not
been deported within the meaning of the Section and that, even if they
are, you are bound under the Act of 1908 and the Regulations to
receive their applications, and, if they apply in terms of the Act, to

144 THE COLLECTED WORKS OF MAHATMA GANDHI


grant them.
I beg, therefore, to ask on behalf of my clients whether you are
prepared to advise Mr. Smith or any other officer or person to receive
their applications for duplicates of their certificates.
I am addressing this letter to you in Durban as the matter is one
of great urgency and as, within the time allowed by the Supreme
Court, it is my clients’ intention, in the event of your decision being
unfavourable, to apply to the Transvaal Provincial Division of the
Supreme Court in the matter.
I have the honour, etc.,
M. K. GANDHI

Indian Opinion, 29-10-1910

161. LETTER TO REGISTRAR OF ASIATICS


DURBAN,
October 26, 1910
SIR,

I have the honour to acknowledge your letter of even date


regarding the Indians on Salisbury Island.
I am unable to say what the men will do at Volksrust in the event
of their reaching there. They have been advised that they have a legal
right in terms of Act 36 of 1908 to apply for duplicates of Certificates
of Registration and to receive duplicates if their applications are in
order. I shall be obliged if you will be good enough to reply whether
you are prepared to afford them facility to make their applications in
terms of Act 36 of 1908 and the Regulations.1
I have the honour, etc.,
M. K. GANDHI

Indian Opinion, 29-10-1910

1
To this Chamney replied in the evening that he had received instructions to
receive applications and, if the same were in order, to grant duplicates.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 145


162. DIWALI
We have taken to Western ways and manners to such an extent
that we find ourselves unable to look upon the New Year of the
Hindus, the Muslims and the Parsis as our New Year. If we were to
adopt “New Year” as the caption of this article, it would carry no
meaning. When, however, we come to write of the New Year in the
[first] issue of January, everyone will understand it to mean the year
1911. There is no convincing reason to justify this state of affairs. If
we have not forgotten what we are, we should observe all the three
New Years and, if so inclined, the Western New Year as the fourth.
When the Muslim year changes, all the Indians should observe it, and
so also when the Parsi year or the Hindu year changes. This will
betoken our fraternal relations and prove that we have become one
nation. On the contrary, what we notice in fact is that we show no
particular regard for one another’s New Year. To create among the
inhabitants of India the consciousness of their being one nation, no
Herculean efforts are necessary. We are of course a single nation and
brothers as among ourselves. We should regain that consciousness this
very instant if we could only be open-hearted and get rid of the pride
that goes with hypocrisy.
Diwali falls on Tuesday next. It is an important festival for the
Hindus. Every Hindu has our good wishes on the occasion. But we do
not see how they can materialize. Hindus certainly cannot be happy
when their neighbours are not. The New Year will prove happy only
for the man who has turned the preceding year to good account.
Expecting a good crop in winter when the monsoon has failed is like
building castles in the air. The divine law is not that we get what we
desire, but that we get what we deserve. In other words, our desires will
be fulfilled only if they have behind them the force of merit earned
by suitable deeds.
And so we wish a prosperous Diwali to every Hindu who has
accumulated during the current year the capital of good deeds, who
has borne love to every other Indian as to a brother, who has earned
an honest livelihood and shared the sufferings of the unhappy, and we
pray to God that the New Year may confirm him in his virtuous
disposition. And likewise we pray that the Hindu who has, knowingly
or unknowingly, failed in his duty and spent his time merely in the

146 THE COLLECTED WORKS OF MAHATMA GANDHI


pursuit of self-interest, who has borne ill-will and not love to other
Indians, may learn to repent and, be converted to better ways, wake up
to a sense of duty. We request our readers’ help in working for the
fulfilment of this desire of ours.
[From Gujarati]
Indian Opinion, 29-10-1910

163. INDIANS’ DUTY IN NOVEMBER


Mr. Dawad Mahomed has sent a telegram to General Botha to
say that he should make it possible for the agitation to be withdrawn,
failing which the Indian community cannot participate in the
celebrations on the occasion of the inauguration of the Union
Parliament in November. This is quite correct. If the struggle does not
end in November, we must observe mourning. Thoughtful Indians
realize that we should be in mourning for the death of Narayansamy.
If we do not join in their celebrations, do not turn out to watch their
shows, if we confine ourselves to our homes at the time of the
celebrations and do not put up decorations over our shops, the rulers
cannot but be impressed. By doing this, we can show to them that the
entire Indian community in South Africa feels sore over the
prolongation of the struggle.
[From Gujarati]
Indian Opinion, 29-10-1910

164. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Kartak Shud 2 [November 4, 1910] 1
CHI. MAGANLAL,

1
This appears to have been written immediately after the Gujarati New Year
day (Kartak Shud 1) with special reference to the addressee’s vow of brahmcharya;
vide “Letter to Maganlal Gandhi”, 27-1-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 147


This is the last verse in the Ayodhyakanda 1 . Please ponder over
it. It is still ringing in my ears. In these hard times bhakti2 has
acquired the highest place. But even for the practice of that bhakti we
needs must have self-discipline. That discipline is at the root of our
education. I am realizing every moment that without it all our
intelligence is of no avail. What other blessing shall I wish for you?
It is only when I think of it specifically that I feel some sorrow
over the death of Chi. Anandlal’s son. Otherwise my feelings are
dead.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4939 Courtesy:
Radhabehn Choudhri

165. PROPOSED NEW IMMIGRATION BILL

The Transvaal Leader of the 31st ultimo published the


following telegram from its Cape Town correspondent:
I learn that the Colonial Secretary will early in the session bring in a Bill
which, in addition to modifying the existing Transvaal conditions, will, in a
considerable degree, aim at the consolidation of the immigration laws of the
Provinces of the Union.
So far as the Transvaal is concerned, I understand it is the intention to make
some fairly important concessions to British Indians, which, without weakening the
attitude of South Africa, will make the law more workable and sensible than the
regulations now are. Among these concessions will be the admittance of a limited
number of specially qualified Indians per annum (the number suggested in the past was
six per year, but it may be made even greater than this). This and other modifications
are among those which have been pointed to in the past by the Leader as necessary to
make the immigration restrictions more satisfactory to all concerned in respect of the
consolidation of immigration laws.
This naturally does not imply uniformity of measures in all the Colonies, the
position of Natal being a specially difficult problem. A great deal of anxiety is felt in

1
The second book of the Ramayana by Tulsidas
2
Devotion

148 THE COLLECTED WORKS OF MAHATMA GANDHI


Natal about the restrictions which will be imposed there, as the existence of the sugar
industry is stated by the majority of representatives from that Province to depend on
the ability of planters to rely on a continuous supply of indentured Indian labour. The
suggestion has been made from some quarters in Natal that this form of labour should
be allowed within an area bounded by a strictly limited distance from the coast, which
will include the sugar and other plantations. What will actually be proposed by the
Government will probably not become known till General Smuts brings in his Bill,
but it will occur to everyone that, considering the difficulties the country was plunged
into as the result of former immigration legislation, the details of the new measure
should be laid before both members of Parliament and the public in time for them to
consider it very carefully.
We do not know whether The Transvaal Leader correspondent
has given a correct forecast. If he has and if the provision for the new
entrantsis made on the lines suggested by Lord Ampthill and if no
statutory colour bar is created, passive resistance struggle will end,
assuming of course that Act 2 of 1907 will be repealed at the same
time.
But Indians all over South Africa are nervous regarding the
proposed consolidation of the Immigration Laws of the other
provinces. Indians of the Cape and Natal cannot accept the Transvaal
Registration Act, as registration is totally unnecessary for provinces
with a sea border. Nor can they accept the unnecessarily rigorous
educational test which will be acceptable for the Transvaal under the
peculiar conditions prevailing there. British Indians have accepted the
policy of restriction throughout South Africa but they cannot be
expected to become party to making legislation for the Cape and
Natal more severe than it already is. Indeed, as recent judgments of
the Supreme Court at the Cape and Natal have shown, it is severe
enough in all conscience.
Indian Opinion, 5-11-1910

166. CONDITIONS OF CAPE INDIANS UNSATISFACTORY


This is what an Indian writes to us in English from Karreedouw.
He says that no Indian is permitted to enter Kaffir districts such as the
Transkei, etc., which are under the jurisdiction of the Cape. Only white
traders are allowed to go there. These traders rob the Kaffirs. An
Indian happened to go to the Transkei as a waiter. He was turned out
by the magistrate like a dog. He was asked to produce a permit, which

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 149


he did not have. He did not even know what a permit was, for he was
under the impression that an Indian could move about anywhere in
the Cape. The correspondent points out that the Transvaal agitation is
acting as something of a check; otherwise conditions in the Cape
would have deteriorated hopelessly.
The Cape Indians should reflect over this letter. It is necessary
that the Association at the Cape write to the Government in this matter,
asking it to state on what ground entry into Kaffir districts is
prohibited.
The matter should not be left there. It will be necessary to watch
developments in the Union Parliament and to act with great caution.
Mr. Ritch is in the Cape, so that his help will be available to Indians. It
should be utilized and necessary steps taken.
We have heard that they want to have a registration law
applicable to the whole of South Africa and to limit the total number
of Indians admitted into South Africa to six a year. We do not think
the Cape and Natal will ever accept this.
[From Gujarati]
Indian Opinion, 5-11-1910

167. WHO IS A SATYAGRAHI?

Mr. Vallibhai Peerbhai, who is always ready with his hospitality


for satyagrahis, writes to say that Mr. Medh received three letters on
the very day on which he was arrested. On reading them, he went to
Mr. Mulla’s shop in Volksrust and performed ablutions and then
presented himself for arrest. It appears that Mr. Medh received news
of his sister’s death, the sister having left three children behind her.
“Had I been by Mr. Medh’s side”, [says Mr. Vallibhai] “when he
read those letters I would not have allowed him to go. But no matter,
joy and sorrow are the same to a satyagrahi.” It does credit to Mr.
Valli to say that if he had known of it, he would have stopped Mr.
Medh. By going to gaol as a matter of duty without for a moment
thinking of staying out because of the news of his sister’s death, Mr.
Medh has offered additional proof of his being a true satyagrahi. He
is a staunch and seasoned satyagrahi. The hardships of gaol life hold
no terrors for him. He deserves all the congratulations we can offer
him. Mr. Surendrarai Medh has covered the community with glory.

150 THE COLLECTED WORKS OF MAHATMA GANDHI


We have said earlier that he alone is a satyagrahi who gives up
everything for the sake of truth—forgoes wealth and property, allows
his land to be auctioned, parts from his relatives, from his parents, his
children, his wife, and sacrifices dear life itself. He who thus loses for
the sake of truth shall gain. By disobeying his father’s order for the
sake of truth, Prahlad not only remained staunch in satyagraha but
also did his duty as a son. Making himself a satyagrahi, he won his
own and his father’s deliverance from this earthly life. No one lacking
the determined spirit of Prahlad can ever hold on to satyagraha to the
end.
[From Gujarati]
Indian Opinion, 5-11-1910

168. PRAGJI DESAI’S RESOLVE


Mr. Pragji1 writes to say that this time the gaol officials behaved
with greater harshness. “But the harsher they grow, the more
determined I become.” Of late, they have stopped ghee altogether for
prisoners serving sentences of less than three months. Hence, all of
them decided to go without those meals at which ghee used to be
served. Mr. Pragji alone remained steadfast in this decision till the end
and continued to refuse the meals. He took no notice of the harm
which this did to his health. We congratulate Mr. Pragji on this
unswerving spirit of his. Mr. Pragji adds that Mr. Shelat was punished
twice for refusing to carry slop-pails. At present, he is in charge of
cooking.
Mr. Pragji was much grieved to hear, on his release, of his
sister’s death; but he has declared his determination not to keep
himself out of the fight. He writes: “So long as our struggle has not
come to an end, a satyagrahi can attend to no other work.”
[From Gujarati]
Indian Opinion, 5-11-1910

1
Pragji Khandubhai Desai, a passive resister; often contributed to Indian
Opinion in Gujarati

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 151


169. MAHARAJA OF BIKANER
News has been received that. His Highness the Maharaja of
Bikaner, like the Mysore Maharaja, has offered help to the satyagraha
campaign. The implications of this help are of the utmost value to us.
Everyone in India, from the highest to the lowest, is beginning to see
how we are being humiliated in the Transvaal. This may hasten the
end of the struggle. But it also increases the responsibility of South
African Indians. They should wake up en masse, appreciating the real
value of the Transvaal campaign. It involves not only their honour but
also their interests.
[From Gujarati]
Indian Opinion, 5-11-1910

170. TELEGRAM TO CHIEF IMMIGRATION OFFICER


[DURBAN,
Before November 6, 1910]
. . Mr. Gandhi had telegraphed to the Immigration Officer at Pretoria saying he
would be accompanied by Mrs. Sodha and her children.1
Indian Opinion, 12-11-1910

171. TELEGRAM TO CHIEF IMMIGRATION OFFICER


VOLKRUST[?],
November 7, 1910] 2
. . . Mr. Gandhi had addressed a telegram to the Immigration Officer saying
that he had no desire to further complicate a situation that was already sufficiently
complicated, that Mrs. Sodha did not seek the right of permanent residence in the
Transvaal, that she would be looked after at Tolstoy Farm and that she would retire on
the close of the struggle.3
Indian Opinion, 12-11-1910
1
Vide “Letter to the Press”, 11-11-1910
2
This telegram was despatched immediately after Mrs. Sodha was charged at
Volksrust on November 7; vide “Letter to the Press”, 14-11-1910
3
In reply, the Chief Immigration Officer refused permission for Mrs. Sodha
to enter the Transvaal, saying she would be treated as a prohibited immigrant unless
she returned to Natal.

152 THE COLLECTED WORKS OF MAHATMA GANDHI


172. LETTER TO MAGANLAL GANDHI
[After November 7, 1910] 1
CHI. MAGANLAL,

There is only one thing uppermost in my mind and that is to


introduce the common kitchen. You are not to do it forcibly. If you
go on pleading with Santok and Ani gradually, they will be agreeable;
and if it does not come about immediately, I hope it will have done so
before my next visit. During my recent visit there, you slept in the
same room with me and away from your wife. I wish you make this a
regular routine. Let Santok and Ani sleep together [i.e., in the same
room]. It is as well if they begin to sleep together before dining
together. I do not know about the danger of snakes there, but I think
the practice of sleeping on a mattress [on the floor] is on the whole
good.
I have imposed a great burden on you. I, however, see that you
are quite able to bear it. It won’t be at all unbearable if you do your
work without worrying.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W.4940 Courtesy:
Radhabehn Choudhri

173. TELEGRAM TO MINISTER OF INTERIOR2


[JOHANNESBURG ,
November 8, 1910]

R. M. SODHA, UNREGISTERED RESIDENT TRANSVAAL, IN


GAOL AS PASSIVE RESISTER, AFTER DUE NOTICE IMMI-
GRATION OFFICER, MRS. SODHA, WITH BABY EIGHTEEN
MONTHS, ANOTHER THREE YEARS AND CHILD TWELVE

1
From the reference to Mrs. Ani Desai in paragraph 1, this letter appears to
have been written after her husband, Purshottamdas Desai, was sentenced to six
weeks’ imprisonment on November 7, 1910.
2
This telegram, sent by the British Indian Association, was presumably
drafted by Gandhiji; vide “Letter to the Press”, 14-11-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 153


YEARS, CROSSED BORDER FROM NATAL ON WAY TOLSTOY
FARM. THEY WERE STOPPED AT VOLKSRUST. MRS. SODHA
CHARGED AS PROHIBITED IMMIGRANT, CASE REMANDED.
HUSBAND REDUCED POVERTY AND BROKE UP NATAL HOME.
MRS. SODHA WILL NOT STAY PERMANENTLY BUT ONLY
PENDING CONTINUOUS IMPRISONMENT HER HUSBAND.
ASSOCIATION HAS NO DESIRE FURTHER COMPLICATE ALREADY
COMPLICATED SITUATION. HITHERTO INDIAN WOMEN HAVE
BEEN LEFT UNMOLESTED. ASSOCIATION TRUSTS PROSECUTION
WILL BE WITHDRAWN.1

Indian Opinion, 19-11-1910

174. SPEECH AT CHINESE FUNCTION2


[November 9, 1910]
Mr. Gandhi said that without the assistance of Mr. Ritch and Mr. Polak the
Indian community would have found it impossible to carry the struggle as far as it had
done. He added that the Government was not content with fighting the Asiatic males,
but had carried the attack to the children, and now even to the women. He urged,
therefore, that they should show themselves all the more determined to pursue the
struggle.
[From Gujarati]
Indian Opinion, 19-11-1910

175. TELEGRAM TO MINISTER OF INTERIOR3


[JOHANNESBURG ,]
November 10, 1910
4
REFERRING WIRE MRS. SODHA, WILL MINISTER PLEASE
GRANT TEMPORARY PERMIT UNDER IMMIGRATION ACT AND
WITHDRAW PROSECUTION? ASSOCIATION SINCERELY ANXIOUS

1
The Minister replied on 9-11-1910: “Yours yesterday. As neither Sodha nor
his family are entitled to enter Transvaal, the Minister regrets that he cannot interfere
with the provisions of the Law, which forbid the entry of prohibited immigrants.”
2
In Johannesburg, in honour of Messrs Ritch and Polak
3
This telegram, sent by the British Indian Association, was presumably
drafted by Gandhiji; vide “Letter to the Press”, 14-11-1910
4
Vide “Telegram to Minister of Interior”, 8-11-1910.

154 THE COLLECTED WORKS OF MAHATMA GANDHI


AVOID IMPORTING WOMEN STRUGGLE.1

Indian Opinion, 19-11-1910

176. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Kartak Shud 9 [November 11, 1910] 2
CHI. MAGANLAL,

Today I saw the letter you mentioned.


When Narandas wrote to me to send my letters to him through
you, I did not find fault with his action as a piece of cowardice. I had
no such idea in my mind at all. In reply to his question as to what he
should do, I wrote3 to him saying that first he should attain fearles-
sness as described in (fearlessness, purity of heart,) etc.
And I wrote it with the idea that he should first acquire that virtue if he
wanted to engage himself in any public activity. True public service
can be rendered only if fearlessness can be achieved as regards [the
loss of] prestige, money, caste, wife, family and even life. Then only
will moksha (liberation), the ultimate end of life, be attained.
I have no time to write a separate letter to Narandas. Please
therefore send this on to him. I shall write about the press when I find
time.
Please let me know how Manilal is getting on.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 4941 Courtesy:


Radhabehn Choudhri

1
The Minister in his telegram of November 12 replied: “Reference your
telegram 10th, immigration Officer at Volksrust was instructed to give Mrs. Sodha
option of returning to Natal instead of having steps taken against her under
Immigration Act. Minister regrets he cannot sanction temporary permit.”
2
This letter appears to have been written subsequent to “Letter to Narandas
Gandhi”, 29-3-1910, in which Gandhiji dealt with the subject of abhaya (fearless-
ness), discussed here; in 1910, Kartak Shud 9 corresponded to November 11.
3
Vide “Letter to Narandas Gandhi”, 29-3-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 155


177. LETTER TO THE PRESS1
[JOHANNESBURG ,]
November 14, 1910
SIR,

Since the well-known Poonia case, the Indian community had


come to understand that Indian women crossing the border would not
be interfered with, and I know of several cases in which they were
permitted to cross the border unchallenged. But after the interference
with Mrs. Gandhi, over a month ago, when she was travelling alone, I
could see that the spell was broken. Whenever, therefore, wives or
other female relatives of passive resisters wanted to enter the Province
from Natal, I took the precaution of informing the Chief Immigration
Officer at Pretoria, who is also the Registrar of Asiatics, of the
movements of these families, informing him also of their exact
relationship to the respective passive resisters, and until very recently
there has been no actual difficulty. I returned from Natal yesterday
week in the company of Mrs. Sodha, the wife of a passive resister who
is at present serving imprisonment at Diepkloof for the offence of
asserting his right of entry as a free-born British subject possessing the
qualifications required by the Immigration Law of this Province, as
apart from the Asiatic Act.
Before leaving Natal I had taken the usual precaution of
telegraphing to the Immigration Officer that I was crossing the border
with Mrs. Sodha. On reaching Volksrust I learnt that the Police had
received instructions to stop Mrs. Sodha. She and I, together with
other passive resisters who were in my company, got down from the
train. Mrs. Sodha2 has a baby in arms, another under three years and a
boy twelve years of age. I took her and her children to the Charge
Office where I was asked to produce Mrs. Sodhathe following
morning, and on my undertaking to do so I was permitted to take her
away. Needless to say, Mrs. Sodha had never in her life seen a Charge
Office or been addressed by a constable.
An Indian store-keeper kindly provided shelter and food for

1
This was published in Indian Opinion, 19-11-1910, as a letter addressed to
the South African Press under the title “Mrs. Sodha’s Case”.
2
Vide “Telegram to Chief Immigration Officer”, before 6-11-1910

156 THE COLLECTED WORKS OF MAHATMA GANDHI


her. and her children. The next day she was charged as a prohibited
immigrant and the case was remanded to the 21st instant, she being
released on her own recognizance. Thinking that Mrs. Sodha’s arrest
might have been due to a misunderstanding, I telegraphed 1 again to
the Chief Immigration Officer giving him the information about Mrs.
Sodha’s children and telling him that she was proceeding to Tolstoy
Farm, that she would retire from the Transvaal at the end of the
struggle and that she was being taken to the above farm only pending
her husband’s continuous incarceration. I received at Volksrust a
reply to the effect that Mrs. Sodha would be tried as a prohibited
immigrant unless she immediately returned to Natal. She and I,
however, continued our journey as Mrs. Sodha’s case was already
adjourned. In order to avoid any further complications, Mr. Cachalia,
the Chairman of the British Indian Association, telegraphed 2 to the
Minister of the Interior, recounting the circumstances of the arrest and
requesting that the prosecution might be withdrawn. The Minister
replied in the negative, stating that her husband was a prohibited
immigrant. As the British Indian Association was desirous of avoiding
importing women into the controversy, it again approached3 the
Minister and requested that a temporary permit should be issued to
Mrs. Sodha. He, however, declined to do so.
Mrs. Sodha has entered the Transvaal temporarily as the Sodha
family has been reduced to poverty and their home broken up owing
to Mr. Sodha’s having been in prison almost continuously for the last
eighteen months and as passive resister families are being supported at
Tolstoy Farm out of public funds.
I do not propose to go into the legal merits of this case which is
sub judice. Possibly Mrs. Sodha has committed a technical legal
offence. If so, all the Indian women, who were allowed to enter the
country and to whom I have made reference, have also committed an
offence, in so far as the Government are concerned, for the latter have
undoubtedly contended that all Indians who have ever been deported
under the Registration Act are prohibited immigrants. The
Government, however, seem to have distinguished between Mr. Sodha,
who is an unregistered pre-war resident of the Transvaal, and other
passive resisters who are registered residents and whose wives and

1
Vide “Telegram to Chief Immigration Officer”, 7-11-1910
2
Vide “Telegram to Minister of Interior”, 8-11-1910
3
Vide “Telegram to Minister of Interior”, 10-11-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 157


families, as stated above, have entered the province unmolested.
As the wife of a passive resister Mrs. Sodha has now no
alternative but to face imprisonment and deportation if found
technically guilty. But why this sudden persecution, for I cannot call it
a prosecution, of Indian women? The Government are at war with
Indian males. They are now attempting to hound out of the Province a
certain class of Indian boys born of registered parents. The
community was, however, unprepared for an unchivalrous attack on its
womanhood. Mrs. Sodha is not a competitor in trade. Her character is
admittedly above reproach. A meeker woman it will be, perhaps,
difficult to find throughout South Africa. She has committed no
crime under the common law of the country. Every means that could
be adopted was taken to placate the authorities, whose only aim now
seems to be to punish Indian women, as the punishment hitherto
inflicted on their husbands appears to have failed in its purpose. I
cannot foresee the extent of the terrible effect that must be produced
on the minds of the Indians throughout South Africa and of the
people of India when the news of this war on women is spread abroad.
With this aspect of the question the Minister of the Interior is,
apparently, little concerned; but I cannot conceive that the
high-handed, wantonly cruel and unnecessary proceedings against
Mrs. Sodha will meet with the approval of the people of South Africa.
Here is a question for the Loyal Women’s Guild and other similar
organisations to consider. Whatever may be their views on Asiatic
immigration or on the question of general passive resistance, will not
the Christian men and women of this Union rise in unanimous protest
against this latest parody of administration on the part of the
Government?
I trust that Mrs. Sodha’s act will not be construed to be one of
defiance. She is as innocent of the curious laws of this country as a
new-born babe. If anyone is guilty it is the writer, under whose advice
and by whose assistance the lady has entered this part of the Union. In
any case I wish to recall a graceful act of administration under Crown
Colony Government. In 1906, Dr. Abdurahman of Cape Town
entered the Transvaal without a permit. Lord Selborne came to know
of this and without questioning the legality of Dr. Abdurahman’s
action he instructed the then Chief Secretary for Permits, Captain
Hamilton-Fowle, to send him a permit. The mighty and responsible
Union Government lacks both the grace and chivalry to refrain from

158 THE COLLECTED WORKS OF MAHATMA GANDHI


harassing an inoffensive Indian woman.
I am, etc.,
M. K. GANDHI

The Transvaal Leader, 15-11-1910

178. FRAGMENT OF LETTER TO CHHAGANLAL GANDHI


[About November 15, 1910] 1
Make the slices and add two ounces of pine kernel. Squeeze a
lime in it and add two ounces of olive oil. Even tomatoes can be used.
This should be eaten with a Wallace roll. It is a very beneficial and
wholesome diet. Medh knows all these things. You can take olive oil
even up to four ounces. There is no harm. In the Indian diet, it is best
to take puri and kheer.
There is no need to go to India to fetch Kashi 2 . She can come
on her own With an escort. I too can see that she cannot be treated
properly there. If you find it inconvenient to stay there because of
your health,3 you may come here. Kashi can be called here right now
and she can live here even in your absence. I wish you to regain your
equanimity.
Blessings from
MOHANDAS
From the Gujarati original: C.W. 5073. Courtesy: Chhaganlal Gandhi

179. FRAGMENT OF LETTER TO CHHAGANLAL GANDHI


[About November 15, 1910] 4
I can see that . . . if you do not find the place suited to your
health you had better come here. Kashi 5 could be called here even

1
Part of this letter has appeared in “Fragment of Letter to Chhaganlal
Gandhi”, 15-11-1910.
2
Address’s wife
3
The addressee who was in England, had been suffering from tuberculosis.
4
From the reference to Kashi, this letter appears to have been written about
the same period as the following item.
5
Wife of Chhaganlal Gandhi, who was in India at the time

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 159


now and she could stay here even in your absence. I only wish you to
be at ease.
Blessings from
MOHANDAS
From a copy of the Gujarati original in Gandhiji’s hand: C.W. 5073 Courtesy:
Chhaganlal Gandhi

180. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Kartak Shud 13 [November 15, 1910] 1
CHI. MAGANLAL,

India has come to a very bad pass. I have given much thought to
the plague and I think there is nothing surprising in its occurrence. It
may be eradicated from all other countries, but not from India. The
plague does not leave India because we have made this sacred land
profane, either by a misreading of religion or by giving up religion
altogether. People have learnt to run hither and thither, but they do
not change any of their tendencies. They go on practising irreligion
and do not care to know even the rules of sanitation, etc. It is only the
magic remedies known to them that they are prepared to adopt. No
one bothers, while running away, about what happens to the poor who
are left behind. How can we prosper in these circumstances? Our own
family, too, is open to this charge. What wonder then if we receive
news of fever, etc., from India?
In these circumstances, I can well understand the hesitation and
the sense of discourtesy you feel in sending for Kashi here. However,
this idea is worth considering. Chhaganlal, having taken away Kashi
with him, is now penitent and is trying to excuse himself by saying
that such was the will of God. We can talk of God’s will only after first
admitting our mistake. It is sheer ignorance to speak of His will
otherwise. And what, after all, is God’s will?
You need not have any hesitation in sending for Kashi here, for
the others will not come without her. And even if they wanted to, there

1
This letter appears to have been written during Chhaganlal Gandhi’s
absence from South Africa in 1910, in which year Kartak Shud 13 corresponded to
November 15.

160 THE COLLECTED WORKS OF MAHATMA GANDHI


would be difficulties in their way. You should try to find out if any
real help can be had from Kashi.
I have a constant feeling that you alone and none else will be
able to master Tamil; hence keep at it under any circumstances.
The number of children that are come together here is rather
large, some of them are without their mothers. It is a difficult
experiment and somewhat risky too. I am not sure what will happen to
Rama 1 and Deva2 .
I hope you will have some relief now that Thaker has joined
duty. Let him also read Tolstoy’s book.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4942 Courtesy:
Radhabehn Choudhri

181. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
[After November 16, 1910] 3
CHI. MAGANLAL,

The enclosed notation is for Bande mataram 4 . You may set the
song accordingly if you can.
To write about the Swami on the basis of what has appeared in
the [Natal] Advertiser, is like kicking a dead animal. The proper time
for writing was when his letter was published in the [Natal] Witness.
But that occasion has fortunately passed. We should certainly write if
by doing so we could do good either to him or to anyone else. But I
do not see any occasion for it now; it came, but slipped away. That
man will ruin himself with his own hand, if only people are patient.
His very ways and doings seem crooked. And why did we not write
against the Moulvi? There are many such examples. Please talk
patiently with those who find fault with you. Keep pursuing Ismail
1
Ramdas
2
Devdas
3
This letter, it appears from the reference to Shelat, was written after his
release from jail on November 16, 1910.
4
Composed by Bankimchandra Chattopadhyaya and adopted as the national
anthem during India’s struggle for freedom

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 161


Gora and, if even then, he does not pay, please let me know. I shall
write to him and, if he does not pay even after that, his advertisement
must be discontinued. I shall write to him after I hear from you. We
know that he is very unmethodical and far from dependable.
I send herewith an invaluable book, The Relation of the Sexes 1 .
To one who is conversant with the Hindu scriptures not a single idea
mentioned in it is new. Please read it immediately and explain it to
Manilal. Then give it to Mr. West.
It seems, from what Shelat says, that this time Harilal faced gaol
life exceedingly well. It was he who first started fasting; he was joined
by others later. [Supply of] ghee was secured and he was transferred
to another gaol. Shelat is loud in his praises and so is Pragji Desai. He
(Harilal) seems to have surpassed me. This is as it should be.
Coomaraswami’s2 book is among Mr. Polak’s books that are
lying at Rustomjee Sheth’s. Please read it when you find the time. It is
worth reading. What the author has written about music and the
harmonium seems to be right. The other things, too, are worth perusal.
Purshottamdas also joined the strike. It was nice that he got into
a tussle during his very first imprisonment.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4943 Courtesy:
Radhabehn Choudhri

182. FRAGMENT OF LETTER TO MAGANLAL GANDHI3


TOLSTOY F ARM,
[After November 16, 1910] 4
. . . is for the library. You may show it to Mr. West. Please copy

1
By Leo Tolstoy
2
Dr. Anand K. Coomaraswami (1877-1947); an eminent Indologist and art
critic; historian of Indian Art; author of several books on Indian nationalism,
education, Hinduism, Buddhism, etc. The book referred to here seems to be his Essays
in National Idealism.
3
The first two pages and what follows page 4 are missing. It is dear from the
contents that the letter was addressed to Maganlal Gandhi at Phoenix.
4
This letter, it appears from the reference to Tolstoy’s book, was written
after the preceding item.

162 THE COLLECTED WORKS OF MAHATMA GANDHI


out the poem on prisoners printed on the first page and see to it that it
is published in Indian Opinion when space permits. The other one is a
pamphlet on civilization. Please go through it and ask Mr. West to
takesomething from it, too. It is from Gulliver’s Travels. Chhaganlal
has sent it. I sent you yesterday Tolstoy’s book on the relation of the
sexes.
The example you cite of Virjee Mehta as regards cholera is
quite apt. It cannot be said definitely that such diseases will never
occur where external cleanliness is maintained. Only this we know:
that such an epidemic occurs less frequently and with less virulence
where personal cleanliness as well as public sanitation is well looked
after. This, however, is certain: neither cholera nor any other epidemic
will occur where there is complete purity of mind. Even with
tremendous effort rarely does one attain that purity. To attain that one
should . . .

From the Gujarati original in Gandhiji’s hand: C.W. 4944 Courtesy:


Radhabehn Choudhri

183. JOHANNESBURG
[Before November 17, 1910]

MRS. R AMBHABAI S ODHA


This case will probably be heard on the 22nd. Mr. Sodha has
been summoned to give evidence in the case. In order to forestall the
charge that Mrs. Sodha had entered the Colony with the intention of
defying the law and to leave General Smuts with no argument
whatever, Mr. Cachalia sent a telegram1 to inform him that she would
leave the Colony when the struggle was over. In reply, it was stated
that being the wife of a prohibited immigrant, she was not entitled to
enter. Mr. Cachalia thereupon sent another telegram2 to say that being
anxious to avoid bringing women into the struggle, they were even
prepared to take out a temporary permit for her under the
immigration law. To this, too, General Smuts has given a negative
reply. Rambhabai has made up her mind to go to gaol and a number
of Tamil women have come forward to follow her. It remains to be

1
Vide “Telegram to Minister of Interior”, 8-11-1910
2
Vide “Telegram to Minister of Interior”, 10-11-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 163


seen what will happen now. Mr. Gandhi has addressed a letter1 to the
Press regarding this.
MOVE FOR S ETTLEMENT
There are persistent rumours that a settlement is imminent. On
Monday The Star had a lengthy article, which too said that the time
was ripe for a settlement. There is little possibility of Indian leaders
being consulted in the matter. It appears, therefore, that whatever
happens will happen as a result of direct negotiations with the Imperial
Government.
WHAT WILL S ETTLEMENT BE LIKE ?
It is necessary to give some thought to this question. It appears
the demand of the Indians here will be conceded. In other words,
Indians and whites will have the same rights of entry so far as the law
is concerned, that is, both will have to pass a test in a European
language in order to qualify for entry. At the same time, the
Governor-General will be given the discretion to fix the maximum
number of persons to be admitted from each community, irrespective
of the number of persons passing the education test. The obnoxious
Act of 1907 will be repealed. This much, if it comes about, will be
enough to save the Indians’ pledge and uphold their honour.
This is not the end of the matter. There appears to be a snag in
it. It seems the Government wants to bring the position in the Cape
and Natal in line with that in the Transvaal, that is, to make the
education test in Natal and the Cape very stiff and to provide for the
registration of all Indians. I am of the view that the Indians in Natal
and the Cape should not acquiesce in either of these two things. There
should be no question of introducing registration in Natal and the
Cape similar to that in the Transvaal—for there can be no justification
for it in either province—and to make the education test stiffer would
obviously be wrong.
WHAT ABOUT C HILDREN ?
The Transvaal needs to be watchful about the new threat to the
position of children there. The matter has a bearing on satyagraha but
the problem of children is such that if no justice is done, satyagraha
can be and must be offered.
There are, thus, difficulties in the way of a settlement. The

1
Vide “Letter to the Press”, 14-11-1910

164 THE COLLECTED WORKS OF MAHATMA GANDHI


community’s pledge may be fulfilled, but we may have to face losses
in other ways. It is necessary to take note of this from the first.
MEASURES AGAINST THIS
Some effective measures against this are possible. In the first
place, Indians in the Cape, Natal and the Transvaal should present a
united front. Secondly, the leaders in the different provinces must not
in their haste take steps independently of one another. Thirdly,
meetings should be held in every town to pass resolutions and these
should be forwarded to the Government. A petition should be
addressed to Parliament as also to the Imperial Government and the
Indian Government. If nothing comes out of all this, the fourth step is
resort to satyagraha.
P OLAK ’S LETTER
Mr. Polak has addressed a letter to the Press which is worth
reading.
HOW TO S TOP IMMIGRATION
The Duke of Marlborough is a prominent English nobleman.
He has suggested in the course of a speech in England that for the
purpose of restricting immigration into the Colonies, it will be more
appropriate to inquire about the character of the men concerned than
about their financial position. He seems to be opposed to any
discrimination on the basis of race or colour.
C HHOTABHAI C ASE
The judges have at long last given their decision in this case.
There were three judges, and each one of them has expressed his own
opinion. Two of them having given a decision against Mr.
Chhotabhai, the appeal has been dismissed. Mr. Justice Mason
expressed himself in favour of Mr. Chhotabhai. The latter has filed an
appeal against this decision, so that his son cannot [yet] be deported.
This appeal will be heard in the Supreme Court of South Africa. The
bench will consist of five judges, and three of these will probably be
Sir Henry de Villiers, Sir James Ross-Innes and Mr. Justice Solomon.
Perhaps Mr. Chhotabhai will win the appeal. The divergence of views
among the judges leads one to believe that the higher court may
decide in favour of Mr. Chhotabhai.
JUDGE P RESIDENT
[He] thinks that Chhotabhai’s son is not protected under Act

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 165


No. 36 and that even if the Act of 1907 had conferred any right on
him, it stands cancelled under Act No. 36. He is of the view that the
Acts cannot run concurrently.
JUSTICE BRISTOWE
[He] thinks that there was some chance of his being eligible [for
entry] under the Act of 1907, but that under the Act of 1908 that
chance disappeared. He also believes that both the Acts are bad. It is
difficult to interpret them. The expulsion of children is a manifest
injustice; such a law [he says] should never have been enacted.
Though he has given his decision, he is not quite sure whether it is
correct. It is a decision which he has given with some regret.
JUSTICE MASON
Mr. Justice Mason believes that under the Act of 1907, the
Registrar has the discretion to issue a certificate to Chhotabhai’s son.
His rights are not protected in the Act of 1908 but the relevant
provisions of the Act of 1907 do not stand repealed [by the Act of
1908]. The boy’s case, therefore, should be reconsidered by the
Registrar. The judge has also stated that one feels baffled in
interpreting the two Acts, and that the position that such children can
be deported on their reaching the age of 16 is an intolerable one.
S ETTLEMENT IN S IGHT ?
Referring to Mr. Polak’s speech in India, General Smuts had
told Lord Crewe that Mr. Polak had made gross mis-statements of
facts. Mr. Polak therefore asked1 General Smuts to provide him with
specific instances of such mis-statements. The latter has now sent a
reply. He says that he could do so, but no useful purpose would be
served by entering into correspondence on the subject. He does not
want [he says] to add to the existing bitterness between the Asiatics
and the Government, and believes that there will be a settlement quite
soon.
A telegram2 has appeared in the newspapers here which lends
support to this. The report states that Sir Francis Hopwood has had
consultations with the Union Government and that everything will be

1
In his letter of October 24, 1910, reproduced along with Smuts’ reply dated
12-11-1910 in Indian Opinion, 19-11-1910.
2
The reference is to a Reuter report dated 14-11-1910, reproduced in Indian
Opinion, 19-11-1910.

166 THE COLLECTED WORKS OF MAHATMA GANDHI


settled quite soon. The Act of 1907 will be repealed and there will be
an immigration law based on education. Discrimination on the basis
of colour and race will disappear.
[From Gujarati]
Indian Opinion, 19-11-1910

184. LETTER TO MEMBERS OF ASIATIC CONFERENCE1


JOHANNESBURG ,
[Before November 18, 1910]
DEAR SIR,

I take the liberty of addressing you as one of the members of


the Asiatic Conference that took place in August, 1908, and at which
you were present.
You may have noticed from the papers that the Asiatic
Department have interpreted the Asiatic Act of 1908, which was partly
a result of that Conference, that Asiatic minors, sons of registered
Asiatics, not born in the Transvaal or resident in the Province at the
commencement of the Act, are liable of necessity on reaching the age
of 16 years to expulsion, notwithstanding their willingness to apply
for registration under the Act, and notwithstanding the fact that the
names of these minors appear on the registration certificates of the
fathers.
An actual case has arisen in respect of the son of Mr. A. E.
Chhotabhai, a prominent Indian merchant of Krugersdorp. The boy,
whose name is inscribed upon his father’s registration certificate, on
attaining the age of 16 years, applied for registration under the Act;
he entered the Colony as a minor with his father, and with the
knowledge and consent of the authorities, as he had a legal right to do
under the Immigrants’ Restriction Act. His application was rejected by
the Registrar. He appealed to the Magistrate, who upheld the
Registrar’s decision, and ordered his immediate removal from the
Province, which was suspended, pending proceedings in the Supreme
Court. The matter went before Mr. Justice Wessels in Chambers, who
characterized the action of the Government as “inhuman” and said

1
This, along with the following item, was published in The Star,
19-11-1910, under the title, “The Chhotabhai Case”.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 167


“that when known it would create a howl throughout the civilized
world”, but the learned judge decided that the Act did not provide for
the registration of such boys, and he therefore reluctantly dismissed
the application. The motion went in appeal before the full bench,
which by a majority upheld Mr. Justice Wessels’ decision.1 Notice of
further appeal to the Appellate Court has therefore been lodged; the
matter is accordingly still sub judice.
But I wish, however, to draw your attention to the following
remarkable results of the proceedings. The judges have decided that
the Act of 1907 is virtually repealed by the later Act, and that whilst
Asiatic minors, in the position of Mr. Chhotabhai’s son, might be
protected under the Act of 1907, that protection has been withdrawn
by the Act of 1908. Mr. Justice Mason, who delivered a dissentient
judgment in favour of the applicant, has also held that the boy cannot
be protected under the Act of 1908, but that provisions regarding
minors under the Act of 1907 are not repealed. Besides this, Mr.
Justice Mason and Mr. Justice Bristowe have condemned the Govern-
ment’s action, as also the Acts themselves, in somewhat scathing terms.
I have no doubt you will recollect the very lively discussion that
took place between several members of the Conference and Mr.
Quinn and myself, regarding the proposed repeal of Act 2 of 1907,
but General Smuts declined to consider the question of repeal. You
will recollect too the discussion that took place with reference to
minors, who were to be protected, no matter where born, by their
names being inscribed upon their father’s registration certificate.
There never was a question of giving upany substantial rights already
possessed under Act 2 of 1907.
I may be permitted further to add that: (1) General Smuts, at the
time of introducing the new measure into the Assembly, never stated
that it was calculated to deprive any class of minors of the right of
residence in the Colony; (2) Mr. de Villiers as Attorney-General, in
his minute to the Governor, stated that, among others, the Asiatic
demand regarding the registration of minors was conceded, and that
both the Acts were to run concurrently; (3) in no part of the British
Dominions are the children of lawfully resident Asiatics torn from
parents at any age, much less on reaching the tender age of 16 years. I
venture to submit that you, as a member of the Conference, are

1
Vide the preceding item.

168 THE COLLECTED WORKS OF MAHATMA GANDHI


concerned directly with the results as to minor Asiatics being defeated
by what must appear to you, as it does to me, to be an entirely
unexpected judgment of our Courts.
I hope that I am right in suggesting that the honour of members
of the Conference is involved in the maintenance of the principles
adopted at the Conference, and I therefore trust that you will, if you
can do nothing more, publicly declare that you never contemplated a
deprivation of the rights of minor Asiatics of the class referred to in
this letter.
A matter so important as this cannot, in my opinion, be left to be
decided by even the highest tribunal of justice, which according to our
Constitution, must be entirely unmoved by considerations, however
important in themselves, that may have led to the passing of certain
laws, and which is obliged to give effect to them, no matter how
harshly or morally indefensible these laws may be.1
I am, etc.,
M. K. GANDHI

The Star, 19-11-1910

185. LETTER TO “THE STAR”


JOHANNESBURG ,
November 18 [1910]
SIR,

I beg to request that you will be so good as to publish the


following letter2 which I have addressed to those gentlemen who were
members of the Asiatic Conference, that was held in August, 1908.
I am, etc.,
M. K. GANDHI

The Star, 19-11-1910


1
Replies to this were received by Gandhiji from Albert Cartwright,
Drummond Chaplin, Opposition M. P. in the South African Union Parliament, and
others, who agreed that if the names of the minors “had previously been inscribed on
their father’s certificate”, their rights were automatically protected and that they were
entitled to register on attaining the age of 16. The replies were forwarded by Ritch to
the Colonial Office on January 9, 1911.
2
Vide the preceding item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 169


186. LETTER TO PRIVATE SECRETARY
TO DUKE OF CONNAUGHT1
JOHANNESBURG ,
[After November 18, 1910]
SIR,

I beg to send the following resolution unanimously passed at a


special meeting of the Committee of the British Indian Association
held on the 18th instant in the hall of the Hamidia Islamic Society:
That this meeting of the Committee of the British Indian
Association, with profound regret, comes to the conclusion that,
in view of the death of the deportee, Narayansamy, the
tyrannical proceedings against minor children of a certain class,
the impending prosecution of Mrs. Sodha, and the continued
sufferings of the passive resisters, by reason of the refusal by the
Union Government to grant the demands of the Indian
community, universally acknowledged to be just and reasonable,
it is not possible for the community to be associated in a public
presentation of an address of welcome to His Royal Highness,
the Duke of Connaught, and thus identify itself with public
rejoicings over the inauguration of the Union, which, for Asiatic
British subjects, has meant greater bitterness and increased
anxiety for its future; and the meetinghereby authorises the
Chairman to address a respectful letter to His Royal Highness,
expressing the community’s loyalty to the Throne, and
tendering a personal welcome to him as representative of the
Sovereign.
It is the misfortune of the community represented by my
Association that, for the reasons stated above, its representatives are
debarred from personally tendering to His Royal Highness a
respectful welcome to the Transvaal, and the expression of the
community’s loyalty to the Throne.
1
This letter, presumably drafted by Gandhiji, was signed by A. M. Cachalia.
The first paragraph has been retranslated from the Gujarati translation of the full text
of the letter published in Indian Opinion, 3-12-1910; the resolution itself is from
Indian Opinion, 26-11-1910; and the last two paragraphs from Indian Opinion,
3-12-1910.

170 THE COLLECTED WORKS OF MAHATMA GANDHI


In the absence, therefore, of the presentation of a public address
on behalf of my Association, I beg to tender hereby a respectful
welcome to His Royal Highness, and to request him to convey to Their
Majesties an expression of the loyalty of the community represented
by my Association.
Indian Opinion, 26-11-1910 and 3-12-1910

187. LETTER TO PRIVATE SECRETARY


TO DUKE OF CONNAUGHT1
[After November 18, 1910]
On behalf of the [Executive] Committee of the Hamidia Islamic
Society, I beg to request you to communicate our respectful welcome
to His Royal Highness on the occasion of his visit to the Transvaal,
and request him on our behalf to convey to His Majesty an expression
of the loyalty of the members of my Society.
My Society associates itself entirely with the reasons2 expressed
by the British Indian Association and therefore we are very sorry we
are unable publicly to take part in this week’s celebrations.
[From Gujarati]
Indian Opinion, 3-12-1910

188. SETTLEMENT?
There is now hardly any doubt that the Transvaal Indians’
demand will be accepted. The Times report3 which we publish
elsewhere in this issue and a letter4 which Mr. Polak has received from
General Smuts point to one and the same conclusion. It also appears
that no laws which humiliate Asiatics will henceforth be passed. If we
are proved right in our conjecture, satyagrahis will have achieved a
complete victory. It is the duty of every Indian to understand the
meaning of this victory. It will not in any way advance the personal

1
This letter, presumably drafted by Gandhiji, was sent over the signature of
Imam Abdul Kadir Bawazeer, Chairman, Hamidia Islamic Society. The English text is
not available.
2
Vide the preceding item.
3
Vide “Johannesburg”, before 17-11-1910
4
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 171


interests of those who are engaged in the fight; only those who can
think will be able to grasp the real issue in this struggle. There will be
no legal bar against Asiatics as Asiatics. But our position will remain
what it is. Indians will not be able to enter in their hundreds. The
difficulties about permits and certificates will continue. It is up to us to
have them removed. If we are not greedy, if we remain truthful, and
act with moderation and in keeping with the people’s honour and our
own, we shall succeed in having these difficulties removed. We shall
have the tree in the form of a uniform law. It will be for us to choose
whether or not to enjoy its shade.
Notwithstanding this good news, Indians need not entertain any
[strong] hopes. Though the signs are favourable, things may yet go
wrong. Even after the publication of an authoritative cable-report, the
Bill may turn out to be quite different. We only speak of things as
they appear and make an effort to ensure that the settlement, when it
comes, is properly understood.
Further, we have already asked1 [readers] to consider what the
position of the Cape and Natal will be in the Bill that is likely to be
introduced.
[From Gujarati]
Indian Opinion, 19-11-1910

189. RAMBHABAI’S CASE

Angad pleaded hard with Ravana on behalf of Shri Ramchandra


but Ravana, in his pride, paid no heed. He did not release Sita and
called down death at last. General Smuts is in a similar position. Mr.
Cachalia pleaded2 with him on behalf of Rambhabai and urged him to
withdraw the prosecution pending against her, but to this General
Smuts has given, in his pride, a rude and unbecoming reply. Shri
Ramchandra paid Ravana his due and freed Sita. Mr. Cachalia’s plea
was rejected by Mr. Smuts. What will the Indian community do now?
It has only one effective way of bringing General Smuts to book. It
may let him see that it will not take his attempt to persecute
Rambhabai lying down. There is only one way of refusing to tolerate

1
Vide “Telegram to Minister of Interior”, 8-11-1910 and 10-11-1910.
2
ibid

172 THE COLLECTED WORKS OF MAHATMA GANDHI


it. Other Indian women should copy Rambhabai’s example and court
imprisonment. What men will do if women go to gaol, needs no
answer. If they have any manhood in them, they will not show the
slightest hesitation in filling the Transvaal gaols. We refuse to believe
that men with look on passively if the Government lays its hands on
women. All the wealth of men is of little account. They may lose it
any day. If, on the other hand, they do not put forth all their strength
when Rambhabai has gone to gaol, they will be disgraced and India
will stand dishonoured through us. It is our earnest hope that, when
Mrs. Sodha is imprisoned, meetings will be held in all the provinces,
resolutions will be passed and forwarded to the Government, and that
educated Indians from every province, or those who have been in the
Transvaal formerly, will soon fill the gaols.
[From Gujarati]
Indian Opinion, 19-11-1910

190. MESSAGE TO MEETING OF


BRITISH INDIAN ASSOCIATION1
JOHANNESBURG ,
November 19, 1910
It will not be possible for us to participate in the celebrations the
whites are going to hold in honour of H. R. H. the Duke of
Connaught on the occasion of his visit to Johannesburg, nor will it be
possible to honour him in view of the troubles we are having, such as
failure [on the part of the Government] to bring about a reasonable
solution of the satyagraha struggle; harassment of satyagrahis in gaols
through extremely unjust treatment; satyagrahi prisoners having to
undertake complete fasts to secure the grant of reasonable demands
even for things like ghee; depriving minors of the right to register on
reaching the age of 16; and the war on women like Mrs. Rambhabai
Sodha, whose case is going to be taken up next week. We can give up
our struggle only after our demands are satisfied. We would give up
our fight if the new immigration law was going to put an end to our
grievances. But if under the Union Government that has come into

1
This meeting was held on November 19, 1910 to consider the presentation
of an address to the Duke of Connaught then visiting the Transvaal. Being prevented
by illness from attending, Gandhiji sent this message to be read out to the meeting.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 173


being the new Act applies to all the colonies, and consequently our
brethren there are adversely affected and have to take recourse to
satyagraha, we shall have to contribute our utmost to it. But we cannot
continue the present struggle on account of these grievances. The
Cape Indians did not intend to present an address to H. R. H. the
Duke, but, as one was ready, it was sent by post; and, as far as I know,
the Natal Indians are presenting none. Under these circumstances, we
cannot participate even in the celebrations. And, how can we present
an address? We can write a letter to express our loyalty and have done
with it. If Mrs. Rambhabai Sodha is sent to jail, we should come
forward to fill the jails, and if possible, close our shops, hold meetings
and pass resolutions to protest against the injustice.
[From Gujarati]
Indian Opinion, 26-11-1910

191. LETTER TO DIRECTOR OF PRISONS, PRETORIA1


[JOHANNESBURG ,]
November 19, 1910
My Association learns with deep anxiety that, owing to continual
improper treatment of Indian passive resisters who are at present
confined in the Diepkloof Convict Prison, several Indian prisoners
have thought it necessary to undertake a fast, by way of protest and in
order to secure their removal to the Johannesburg Gaol where, they
have reason to believe that, under the more immediate supervision of
the Governor, they will be given better treatment. I understand that
already Messrs Harilal Gandhi and R. M. Sodha have been transferred
to Johannesburg Gaol. I also learn that Mr. S. B. Medh has also
applied for a transfer, and that he has been fasting for the last six
days. As the matter is one of extreme urgency, I shall be greatly
obliged if you will give it your immediate attention. I need hardly
remind you of the serious consequences to the health of the prisoners
and the effect upon the members of the Indian community of the
continuance of what is alleged to be the present condition of affairs.2
Indian Opinion, 3-12-1910

1
This letter, presumably drafted by Gandhiji, was sent over the signature of
the Chairman, British Indian Association.
2
Replying on 21-11-1910, the Director of Prisons asked to be furnished
“with some information as to the ‘improper treatment’ of Indian passive resisters
confined in Diepkloof Prison, referred to in your letter”.

174 THE COLLECTED WORKS OF MAHATMA GANDHI


192. LETTER TO DIRECTOR OF PRISONS, PRETORIA1
[JOHANNESBURG ,]
November 22, 1910

In reply to your letter herein of the 21st inst., my Association is


advised that strong complaint is made against the insulting attitude of
some of the warders who appear to regard Indian prisoners as suitable
butts upon whom to exercise their mistaken sense of humour, as for
example, calling them “Coolie”, “Sammy”, “Bananas”, and so
forth. Complaints regarding this matter and other pinpricks have
constantly been made to the chief warder who either ignores it, or
replies in an offensive manner. Complaint is also specially made
against the conduct of head warder McLoud, who is in charge of the
spans. This officer, my Association understands, systematically
subjects prisoners to every possible form of harassment, requiring
them to perform impossible tasks, and seizing every opportunity to
report against them to secure their punishment. Frequent complaint
has been made to the Governor of this officer’s conduct and my
Association learns that he has been more than once reported, and on
at least two occasions his charges against the Indian prisoners have
fallen to the ground upon examination. Apparently, the complaints
have not resulted in any improvement in Mr. McLoud’s attitude
towards the Indian prisoners, who have, it now appears, been
exasperated on account of the treatment that has been meted out to
them, both by him and the chief warder.
My Association is quite prepared to learn that these charges are
denied by the officers concerned, but, in anticipation of such denial,
which has not been infrequent in the past, I would like to point out
that no prisoner is likely to refuse to eat for a whole week, as has Mr.
Medh, who does not, in his opinion, labour under serious grievances.
My Association will, accordingly, be grateful if you will be so
good as to institute urgent inquiries into this matter.
Indian Opinion, 3-12-1910

1
This letter, presumably drafted by Gandhiji, was sent over the signature of
the Chairman, British Indian Association.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 175


193. THE LATE LAMENTED TOLSTOY THE GREAT

The great Tolstoy has quit this corporeal frame at the ripe old
age of 83. 1 It is truer to say that “he has quit this corporeal frame”
than that “he has died”. There can be no death for Tolstoy’s soul.
His name will ever remain immortal. Only his body, which was of dust,
has returned to dust.
Tolstoy is known to the entire world; but not as a soldier, though
once he was reputed to be an expert soldier; not as a great writer,
though indeed he enjoys a great reputation as a writer; nor as a
nobleman, though he owned immense wealth. It was as a good man
that the world knew him. In India, we would have described him as a
maharshi2 or fakir. He renounced his wealth, gave up a life of comfort
to embrace that of a simple peasant. It was Tolstoy’s great virtue that
he himself put into practice what he preached. Hence thousands of
men clung loyally to his words—his teaching.
We believe Tolstoy’s teaching will win increasing appreciation
with the passage of time. Its foundation was religion. Being a
Christian, he believed that Christianity was the best religion. He did
not, however, denounce any [other] religion. He said, on the contrary,
that truth was undoubtedly present in all the religions. At the same
time, he also pointed out that selfish priests, Brahmins and Mullas had
distorted the teaching of Christianity and other religions and misled
the people.
What Tolstoy believed with especial conviction was that in
essence all religions held soul-force to be superior to brute force and
taught that evil should be requited with good, not evil. Evil is the
negation of religion. Irreligion cannot be cured by irreligion, but only
by religion. There is no room in religion for anything other than
compassion. A man of religion will not wish ill even to his enemy.
Therefore, if people always want to follow the path of religion, they
must do nothing but good.
In his last days, this great man wrote a letter3 to Mr. Gandhi to
acknowledge copies of Indian Opinion in which he expressed these
same ideas. The letter is in Russian. We give in this issue a Gujarati

1
Tolstoy died on November 20, 1910.
2
Great seer
3
Vide Appendix, “ Tolstoy’s letter to Gandhiji”, 7-9-1910.

176 THE COLLECTED WORKS OF MAHATMA GANDHI


translation of it, based on an English translation. 1 The translation is
worth reading. What he has said there about satyagraha deserves to be
pondered over by all. According to him, the Transvaal struggle will
leave its mark on the world. Everyone [he says] has much to learn
from it. He extends encouragement to the satyagrahis and assures
them of justice from God, if not from the rulers. The latter, being
enamoured of their strength, will certainly not be pleased with
satyagraha. Despite that, satyagrahis must have patience and continue
to fight. Citing, further, the example of Russia, Tolstoy states that
there, too, soldiers everyday turn their back upon their profession. He
is convinced that, though this movement has had no tangible results in
the present, it will assume a big form in the end and Russia will be
free.
It is no small encouragement to us that we have the blessings of
a great man like Tolstoy in our task. We publish his photograph in
today’s issue.
[From Gujarati]
Indian Opinion, 26-11-1910

194. CHHOTABHAI CASE


Though [the decision in] this appeal has gone against Mr.
Chhotabhai, we count it as a triumph for him and for the Indian
community. Mr. Justice de Villiers’ judgment is one-sided. He holds
that the Act of 1907 for the most part stands repealed by the Act of
1908. He is, moreover, doubtful whether, even under the former Act,
Mr. Chhotabhai’s son was protected. This same gentleman, when he
was Attorney-General, had told Lord Crewe that Asiatic minors were
protected under the Act of 1908 and the Act of 1907 could be availed
of. If the Act of 1907 stood repealed for the most part by the Act of
1908, why has General Smuts so far refused to repeal it altogether?
The opinion of the other two judges is very good. Mr. Justice Bristowe
is also of the view that the Act of 1907 for the most part stands
repealed by the Act of 1908 and feels that Mr. Chhotabhai’s son
would have been protected under the Act of 1907. He shows,
moreover, that both the Acts are anomalous and points out that a law

1
This translation by Pauline Padlashuk from the original Russian was also
published on the first page of Indian Opinion, 26-11-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 177


which does not protect the interests of minors is tyrannical. He then
goes on to say that he has given his decision with profound
misgivings.
Mr. Justice Mason, on the other hand, has held that the appeal
should be decided in favour of Mr. Chhotabhai. He has even argued
that rights which were protected under the Act of 1907 could not be
treated as abrogated by the Act of 1908. Under the latter, the position
of children born outside the Transvaal is not clear, but under the Act
of 1907 the Registrar has been empowered to issue certificates in such
cases and in the present case he would have been justified in granting
the certificate. According to Mr. Justice Mason, the Registrar had
wrongly assumed that he had no discretion under the Act of 1907. He
has roundly condemned a state of affairs in which a minor could be
expelled.
From all this, it appears certain to us that the Supreme Court will
decide in favour of Mr. Chhotabhai.
The strictures passed by the judges show that both the Acts are
extremely complicated and must therefore be repealed. It will not be
enough to have an amendment giving effect to Mr. Justice Mason’s
decision. Since it is within the Registrar’s discretion whether or not to
grant a certificate to a minor in the position of Mr. Chhotabhai’s son,
it would be a favour on his part to grant one. Indians cannot leave it to
be decided by anyone as a matter of favour whether or not a minor
should receive a certificate. Whenever parents enjoy a right, the same
right for the minors should be protected as a matter of course. Itwill
certainly be protected if the Indian community has spirit enough, let
the courts give what judgments they will.
[From Gujarati]
Indian Opinion, 26-11-1910

195. HAMID GOOL

News has been received that Mr. Hamid Gool, son of Mr. Yusuf
Gool of Cape Town, has passed his final medical examination in
England. We congratulate both Mr. Hamid Gool and Mr. Yusuf Gool
on this. His success at this advanced examination is evidence of Mr.
Hamid’s hard work and intelligence. We should like him to give the
benefit of his knowledge and his fine qualities of character to the

178 THE COLLECTED WORKS OF MAHATMA GANDHI


community. It has been reported that he will shortly leave England for
South Africa.
[From Gujarati]
Indian Opinion, 26-11-1910

196. UNHAPPY INDENTURED LABOURERS OF MAURITIUS

The account of the sufferings of these miserable Indians which


we publish elsewhere1 deserves attention. Those who read about these
sufferings will be convinced of the need to put a stop to the system of
indenture. The all-too-numerous incidents of this kind prove again
and again that this system is indistinguishable from slavery. Is there
any Indian who will remain unmoved after reading about these
sufferings of his countrymen? Indians ought not to rest in peace till
they have put an end to them.
[From Gujarati]
Indian Opinion, 26-11-1910

197. LETTER TO V. G. CHERTKOV


TOLSTOY F ARM,
LAWLEY S TATION,
TRANSVAAL ,
November 26, 1910
DEAR SIR,

I have your letter of the 29th September last for which I thank
you. I have also received your translation of Tolstoy’s letter2 to me on
Passive Resistance. It is a most pathetic thing that your letter should
have been received after his death.
You will see from a few copies of Indian Opinion I am sending
you, that I had the letter already translated by a friend here. Mr.
Kallenbach got the translation made.
I thank you for introducing Mrs. Mayo’s 3 name to me. The

1
Not reproduced here
2
Vide Appendix, “Tolstoy’s Letter to Gandhiji”, 7-9-1910.
3
Mrs. Fyvie Mayo of Glasgow, a journalist and translator of Tolstoy

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 179


lady has already written to Mr. Kallenbach. I am now sending her all
the particulars needed by her.
I shall appreciate a few copies of the magazine in which
Tolstoy’s letter may be published.
1 am,
Yours truly,
M. K. GANDHI
V. G. CHERTKOV

From a photostat: C.W. 11073. Courtesy: L. N. Tolstoy

198. LETTER TO MAGANLAL GANDHI


Kartak Vad 10 [November 26, 1910] 1
CHI. MAGANLAL,

I am not surprised at Kanaiyalal’s disappointment. But there is


no reason to believe that associations among the English people are
run better, though it is true that they appear to be doing well. The
reason is that these associations are the product of modern civilization.
The English are more adept in that civilization and can therefore
conduct these associations better. Our Arya Samaj is not for the
general public. It is meant only for the educated. The English
institutions can be said to be for the masses to some extent, because
even the masses there have come within the purview of that
civilization. Therefore their institutions are governed by some
discipline. Moreover, the people there consider honesty as the best
policy and are honest as a matter of policy. We, on the other hand, are
honest for honesty’s sake; we do not know how to be honest for the
sake of policy. The general tendency amongst our educated is that if
one holds a position where one can serve one’s selfish ends quickly,
one is at once led to do so. Moreover, those who are born and bred in
diplomatic surroundings take to dishonest ways even if they are not
educated. If we think of our own family, we shall be able to see that
the people of whom Kanaiyalal has lost all hopes are a mere drop in
the ocean of Indian humanity. Please think of the hypocrisy, the
1
The Bill for the new Act mentioned in the last paragraph was introduced in
Parliament in February, 1911. The Kartak Vad 10 prior to this was November 26,
1910.

180 THE COLLECTED WORKS OF MAHATMA GANDHI


corruption and the immorauty of the members of our family who are
occupying posts of executive officers.
You have rightly pointed out the discrepancy about mentioning
the names of some persons who have gone to gaol and not
mentioning those of others under the different dates. You may
therefore delete them all as I am not in a position to supply the dates
of the others from here. Please retain the names of Mrs. Sodha,
Narayansamy and Nagappen.
I have a wire from Hosken saying that Smuts has told him that
the new Act will be such as to satisfy the Indian community.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand. Courtesy: Radhabehn Choudhri

199. LETTER TO MAGANLAL GANDHI


Kartak Vadi [14, November 30, 1910] 1
CHI. MAGANLAL,

For providing meals to Karamat you should, I think, take money


from Rustomjee Sheth. That is reasonable and I do not think
Rustomjee Sheth will raise any objection. You did right to ask
Karamat to cook for himself. I see nothing wrong in it. I too feel that
you cannot take up that responsibility in view of your many
preoccupations. I suspect Karamat must have eaten something
somewhere. He needs bath [treatment]. It is also necessary to try
earth-bandages. I do not, however, think that even the earth-bandages
will cure him, for there is too much of suppuration. I think what he
needs is complete fasting. But will he stand it? He may take bananas
and lemons only if it becomes absolutely necessary. I am writing a
letter 2 to him. I think he can read Gujarati; if he cannot, please read it
out to him. Even when his wound healed up very quickly, I was afraid
that the improvement was rather alarming.

1
The original reads “Kartak Vadi 4” which corresponds to November 20,
1910, but it appears to be a slip for “Kartak Vadi 14”, for Polak left for Cape Town
either on December 1 or 2 and Doke arrived in South Africa on November 22.
2,
Not available

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 181


Mr. Polak will leave for the Cape tomorrow. He will go from
there to Phoenix. He will also go out for collection. Regarding
Purshottamdas, I think nothing should be drawn for him from the
[Passive Resistance] Fund. Let Ani draw whatever she wants and debit
the amount to my account for the present. You may ask Ani what she
requires. She will require less when a good half of her children are at
Tongaat. You may, however, give her whatever she asks for. Let me
know how Veerjee is faring. I do not write about him here as I have
already written1 to Mr. West. Please write to Ismail Dawji Mian and tell
him that the arrangement regarding the school has been completely
upset just now. Purshottamdas, who was looking after it, has gone to
gaol. However, if he sends his son, we are prepared to take him. He
will have to pay £2 a month for him. That will cover his lodging,
boarding and tuition. The curriculum will include farming, press
work, English and Gujarati methods of accountancy, etc. If he sends
his son even after this clarification, you should keep him with you.
Mr. Doke has returned. Please ask Mr. West to write to him a
letter welcoming him. I forgot to mention this in my letter to him
[West].
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 4945 Courtesy:


Radhabehn Choudhri

200. FRAGMENT OF LETTER TO MAGANLAL GANDHI2


[After November 30,1910] 3

. . . It is good that you take . . . . Keep your mind fully inclined


towards it. The reasons you mention as confusing are quite
insignificant. Your land will remain yours and you will be able to
develop it. The only thing that needs to be done at present is to have a
common kitchen. I think it has great merit. It looks very selfish to
take one’s food all by oneself. Eating in company, one has perforce

1
Letter not available
2
The first six pages of this letter are missing. It appears from the contents to
have been addressed to Maganlal Gandhi.
3
From the reference to Karamat in the postscript this appears to have been
written after the preceding item.

182 THE COLLECTED WORKS OF MAHATMA GANDHI


to control one’s palate.
How is Nayak doing? What about Manilal?
I hope your study of Tamil is progressing.
There seems to be every likelihood of a settlement now. You will
see this from the newspapers, too.
Blessings from
MOHANDAS
[PS.]
Karamat should have no salt. He should take a Kuhne bath
every day and should have nothing but coarsely ground wheat and
fruits. Please clean his leg well and fill the wound with iodoform.

From the Gujarati original in Gandhiji’s hand: C.W. 4946. Courtesy:


Radhabehn Choudhri

201. THE ROYAL VISIT

In the dignified letter1 sent by Mr. Cachalia to H. R. H. the Duke


of Connaught, the Transvaal Indians have but followed the example
set by the Cape Indian and Coloured communities, who, as a sign of
mourning, refrained from attending the ceremony of presentation.
Our countrymen in this Province have done likewise. We believe that
this is for the first time that Indians throughout South Africa have felt
called upon to avoid identifying themselves completely in a public
welcome to a Royal representative. We will remember what our
countrymen did when the present King visited South Africa.
Magnificent arches, costing hundreds of pounds, were erected,
addresses engraved on gold plates were presented, and Indian places
of business were profusely decorated. Indians were in no way behind
the other communities in rendering homage to the Royal visitors. The
step taken on this occasion, therefore, is a momentous one. But there
was no other way of marking the community’s sense of the deep grief
caused by the protracted struggle in the Transvaal, and the uncertainty
of its future, engendered by the Union. It is well, however, that Mr.
Cachalia and Imam Bawazeer2 should have emphasised the fact that
the community’s loyalty to the Throne had not suffered by reason of
1
Vide “letters to Private Secretary to Duke of Connaught”, after 18-11-1910.
2
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 183


its afflictions, and that its personal welcome to the Royal visitors was
none the less warm on that account.
Indian Opinion, 3-12-1910

202. SUPREME VIRTUE OF AGRICULTURE

O tiller of the soil,


Rightly they call you father of the world;
You, and you alone, provide
For all mankind;—
Cotton, fruits, flowers and grass,
And foodgrains too,
The food that sustains all creatures,
And clothing that is welcome to all.
Braving heat and rain,
Unremitting in toil,
Robust of health,
Ever you move in contentment.
Of worth supreme is the tiller’s work,
Work that tends to others’ good;
Tireless in your labour,
You teach a good lesson to the world.
We have reproduced this poem from the second standard reader
which most of us studied at school. But how many of us have profited
from what we learnt? Of course the farmer is the father of the world.
But it is his greatness that he is not aware of the fact. Those who
devote themselves to good works of any worth are not aware of their
own goodness. Just as we breathe every moment but are not aware of
the fact, so are good people by their very nature impelled to give
expression to their goodness. They are not conscious that they deserve
any credit. They do not care to be honoured. If we recite the poem
given above before a farmer, he will simply be amused. He will not
even understand what we mean. So true a father is he, and so sincere a
benefactor.
But we who recite the poem, what do we do? If the farmer is
indeed a father and if his profession is indeed the highest, why are we

184 THE COLLECTED WORKS OF MAHATMA GANDHI


busy padding ourselves with heaps of clothes? Why do we grind the
poor under our heels to extort the last farthing from them? Why do
we think it manly to be mere clerks, attired in respectable clothes?
Such is our benighted state. We only talk of agriculture. It has
got stuck in our throats and does not go further than that.
Those Indians who wish to be happy in this country or wish to
render any real service to India should ponder over the poem given
above and try to act upon it. Even if there is a single reader who is
convinced that he must take to agriculture, he need not wait for others
[to join him].
[From Gujarati]
Indian Opinion, 3-12-1910

203. INDIANS AND H. R. H. THE DUKE


An unprecedented thing has happened in South Africa. Indians
have always presented addresses to Royal guests and participated in
public celebrations.
The Cape made a beginning in connection with [the visit of] H.
R. H. the Duke this time. It sent an address, but did not attend the
public function.
The Transvaal went a step further. It explained the reasons for
not sending an address, thus bringing to the Duke’s notice the
disabilities under which it labours, and conveyed its loyalty in a letter.
That there was no impropriety in such a step, is made evident by the
Duke’s courteous reply. How can the Indian community, seething
with discontent and in mourning, join public celebrations? Its
participation can never be sincere. However, everyone must
acknowledge that the letters1 addressed by Mr. Cachalia and the Imam
Saheb were but proper. The Natal Congress, too, has taken a similar
step, and rightly.
The effect of this step will be known in the future. People will be
all the more convinced of our integrity and attach greater weight to
whatever we do. They will know that we are no hypocrites, that we do
not hesitate to place our views, in proper language, even before an
emperor.
[From Gujarati]
Indian Opinion, 3-12-1910

1
Vide “Letters to Private Secretary to Duke of Connaught, after 18-11-1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 185


204. CECIL INDIANS

Indians are unwelcome, wherever they go. As soon as, having


settled in a foreign land for some time, they join in its commerce and
industry and prosper, they find themselves under attack. The island of
Cecil has a fairly large Indian population, and the numbers grow
every year. The majority of the immigrants come from Malabar. Most
of the shops in this island are owned by Indians. A few Chinese
traders are also to be found. Much of the immovable property in the
port has been raised with Indian investment. Agriculture there, as in
Natal, owes its development to Indians. Indians have thus sought their
own prosperity while advancing that of the Colony. And yet it is
interesting to note what kind of attitude the whites adopt to all this. In
his report for the previous year, the Governor of the island has called
attention, by way of warning, to the acquisition of land by Indian
traders, saying that Indians are usually bad farmers, for their aim is to
get rich quick by exploiting the land for all it is worth and then run
back to India. Land in this country costs on an average Rs. 100 per
acre, though it is quite difficult to get any with fertile soil. One
wonders, after reading this report, what reason there can be for
anything in the nature of a warning if Indians, by their labour on land
of ordinary quality, toil for the prosperity of the country and in the
process grow prosperous themselves. An English poet, Goldsmith, has
said1 that industrious farmers area far greater and truer treasure for
any country than kings and nobles. It is in the interest of the country
and the people that this “treasure” should receive encouragement,
instead of being regarded with distrust.
[From Gujarati]
Indian Opinion, 3-12-1910

1
Princes and lords may flourish, or may fade;
A breath can make them, as a breath has made;
But a bold peasantry, their country’s pride,
When once destroyed, can never be supplied.
— The Deserted Village

186 THE COLLECTED WORKS OF MAHATMA GANDHI


205. LETTER TO MAGANLAL GANDHI
[Before Friday, December 9, 1910] 1
CHI. MAGANLAL,

I send this much today. The rest you will get on Friday. If you
find it too much, you may hold it over. Do not delay [the paper] in
order to print it. I shall not send much.
Please translate Fallacy of Speed if you can. The book is
commonplace, but it will serve our purpose. I intend to give a
summary of Coomaraswami’s book. Let us see what happens.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 4947. Courtesy:


Radhabehn Choudhri

206. LETTER TO G. A. NATESAN


TOLSTOY F ARM,
December 9, 1910
DEAR MR. NATESAN,

I owe you a long reply. But being obliged to move about and
being otherwise busy over the struggle, I have been unable to save a
quiet hour for writing to you.
Many thanks for the cable remitting £400. The help is most
timely. The unexpected difficulties about the landing of the returned
deportees have cost over £500 leaving nothing for current expenses. I
was therefore obliged to cable2 to you for funds. A similar cable 3 was
sent to Mr. Petit also. The same day that brought your cable brought
also a letter from Mr. Ratan Tata enclosing a cheque for Rs. 25,000.
There is therefore no anxiety nowregarding money. I enclose copy of
Mr. Tata’s letter.
1
The Gujarati translation of Thomas Taylor’s article “Fallacy of Speed”,
mentioned in the letter, was published in Indian Opinion, 10-12-1910; this letter was
written before the Friday of that week, which fell on 9-12-1910.
2
Not available
3
ibid

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 187


Everyone of the returned deportees speaks most highly of your
kindness. They tell me that you were most unremitting in your
attention to them. May I thank you for all you have done in their
behalf?
You will have noticed that not a single Indian deportee has had
to go back to India—I mean of the 2nd batch. It was unfortunate that
the 19 Chinese had to go back. But partly it was the fault of the
Chinese Association. That body was not ready for the emergency that
faced it.
You will have noticed too that everyone of the returned men has
now already passed through the gaols of the Transvaal or is at present
serving his term. This does not include the five men who are still at the
Cape. But I expect them to cross the border shortly.
Your fear about the payment to the indigent families was natural
though groundless. It did very great credit to your heart. I had
suspended payment as I was, as you know, in cable communication 1
with the men. I was in hopes that the men would willingly cable
consent to their families going to the Farm, as most of them knew that
negotiations were going on for securing one and as they were told that
the families could only be supported on the Farm. But as soon as I
saw that the men would not consent, all the families who had not
consented to go to the Farm were paid up to the 7th of October. That
was the last date fixed because I had conferences with the men at
Durban. Every fact was placed before them and they were told that the
families must either go to the Farm or support themselves. I told them
too that the funds in hand would not allow of the families being
indefinitely supported outside the Farm. The men, however, elected to
go to gaol. Some families have come to the Farm but the vast majority
are supporting themselves in Johannesburg. The Farm serves a double
purpose. It enables us to support families at a much cheaper rate thus
providing for an indefinite prolongation of the struggle and it
prevents fraud and deception. For it must be confessed that the
fighters—some of them— are not above taking an undue advantage
of one’s ignorance. The Farm puts a stop to this sort of thing. Those
who cannot really support themselves must perforce come to the
Farm. Those who do not are some way or other capable of supporting
themselves. Moreover this struggle is pre-eminently educative. It is

1
Not available

188 THE COLLECTED WORKS OF MAHATMA GANDHI


intended therethrough to raise men. This cannot be done unless we
purge the community of dross. On the Farm we are also able to give
some kind of education to the families.
In spite of every care taken to satisfy the men, no doubt there is
grumbling. It is inevitable, considering the material one has to work
with and work upon. The wonder is that there has been so little real
grumbling. The credit is all due to the men who are fighting so nobly,
so bravely and so uncomplainingly. Our half-educated countrymen
certainly could not do what these good men have done. It now
remains to be seen how many will stand what might be the final test,
should the struggle be further prolonged.
But there is every indication that it may be closed during the
early part of the next year. This time it appears there will be no
consultation with the leaders of the community. Anyhow, the issue is
clear and the struggle can end only on our demands being granted.
Mr. Ritch, after a brief stay here, has returned to London. Mr.
Polak has gone to the Cape to look after the concluding stages of the
Cape appeal1 .
It was a most fortunate stroke for you to have secured donations
from Mysore, Bikaner and [the] Nizam.2
Mrs. Sodha’s case of which you must have learnt from Indian
Opinion has not yet been set down. It is just likely that the case may
never come off. If it does, she will certainly go to gaol and probably
many of her sisters will follow her.
The matter of minor children is still hanging fire.
And now I think I shall cease to weary you with our tale.
As I write this, Messrs Thambi Naidoo and Gopal Naidoo are
sitting by me. They join me in sending you regards and in once more
thanking you for the noble help you rendered the poor deportees.
I remain,
Yours sincerely,
M. K. GANDHI
[PS.]
I must not omit to mention how thankful the passive resisters

1
In connection with the deportees’ cases
2
Natesan had secured donations of Rs. 1,000 from the Maharaja of Bikaner,
Rs. 2,000 from the Maharaja of Mysore and Rs. 2,500 from the Nizam of Hyderabad.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 189


were to receive the beautiful photographs you sent and the copies of
Harishchandra both of which were publicly presented, as you may be
aware, at Mr. Rustomjee’s house. Many thanks too for your portrait
for me and the group photograph as also a copy of Harishchandra.
What an appropriate present the latter was!
M. K. G.

From a photostat of the original in Gandhiji’s hand: G.N. 2223

207. SWEET ARE THE FRUITS OF PATIENCE

Indians have been showing impatience ever since people began


to talk about a settlement. “Why has no bill been published yet?
When will one be published? Has the matter been put off till January?
Will it be as late as February? Perhaps there will be no bill, after all.”
Such impatience is a sign of timidity and cowardice. What we are
entitled to, we are bound to get in due time. But we grow impatient for
something that we do not deserve and thereby prove that we are not
worthy of it. We shall not show impatience about anything which we
know or believe we are entitled to.
What does it matter whether a bill is published now or later, or
never published at all? Really speaking, continuing delay is of double
advantage to us. One, Indians who have remained staunch are being
tested. Two, those who are not taking part in the struggle will realize
that our demands are bound to be met so long as even one person is
left to continue the fight. Indians who understand this, whether they
are satyagrahis or not, will not show impatience. We should realize that
impatience may delay the result indefinitely. Even in simple matters,
we lose our presence of mind if we are in too great a hurry and so
find ourselves completely bewildered. That is why it is said that a man
in haste is a man at sea, and a man unruffled is one in full command
of his wits. 1 We therefore urge all Indians to remain patient.
[From Gujarati]
Indian Opinion, 10-12-1910

1
A Gujarati saying

190 THE COLLECTED WORKS OF MAHATMA GANDHI


208. LETTER TO MAGANLAL GANDHI
TOLSTOY F ARM,
Magshar Shud 11 [December 12, 1910] 1
CHI. MAGANLAL,
I have your letter.
I do not think it proper to comment on the addresses given at
Maritzburg. Both deserve to be condemned. Fearing that my criticism
might be misunderstood, I gave up the idea of writing about them. It
anybody refers to this omission, you may say that I am responsible
for it and that I did not deem it proper to comment on them.
The book of bazaar medicine has been found here.
I am positive I saw Coomaraswami’s volume among Mr. Polak’s
books. It has a white cover.
I do not think we can do anything about it if Dada Sheth 2
discontinues all his advertisements. Let him do so if he chooses. I
should prefer it if we could do away with advertisements altogether. I
think it proper not to write to him at all. I shall talk to Omar Sheth 3
when I meet him. It is better to forgo the advertisements if Dada Sheth
is not agreeable.
I shall write to Gora Sheth 4 only after you let me know for
certain. His advertisements, too, may be dropped if he so desires.
What you write about the effect of the Rs. 25,0005 is quite true.
People are still miserably ill-educated in this matter. Constant purity
of mind is our only remedy for this. Meanwhile we have to be patient.
Personally I hate to take anything from the Al Islam property. But Mr.
West wanted to. Considering that in these matters my attitude differed
from that of you all and to avoid making any major changes so long
as the struggle lasted, I was silent and allowed some necessary articles
1
It appears from the reference to Coomaraswami’s book that this letter was
written after “Letter to Maganlal Gandhi”, 15-11-1910; in 1910, Magshar Shud 11
corresponded to December 12.
2
Dada Osman, Joint Honorary Secretary, Natal Indian Congress
3
Omar Haji Amod Zaveri, a leading Indian of Natal; vide “Omar Haji Amod
Zaveri”, 11-5-1907.
4
Ismail Gora
5
The donation received from Ratan Tata in aid of the satyagraha struggle.
Vide “Tata and Satyagrahis”, 17-12-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 191


to be taken from it. I shall, however, be glad if we fail to get anything
out of it.
I think I have written to you saying that, if you have not got
your daughter vaccinated for small-pox, you may postpone it for the
present. We shall think over it.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 4948. Courtesy:


Radhabehn Choudhri

209. LETTER TO OLIVE DOKE


TOLSTOY F ARM,
December 15, 1910
MY DEAR OLIVE,

You need not apologize for not being able to give Ramdas his
singing lessons. I could quite understand the difficulty whilst painting
operations were going on. And I would not dream of disturbing you
during the first few weeks of father’s arrival.1
Many thanks for offering to give Ramdas a lesson on Monday.
But I do not think he could go to Johannesburg next Monday. I come
to Johannesburg only three days in the week and then I have hardly
time to stir out of the office. I fear therefore that I shall not be able to
look you up before X’mas. I wish you and Clement 2 a very happy
time at Graaff Reinet3 .
Please remember me to father and mother.
Comber4 is evidently not going with you. Poor boy! He will feel
quite lonely. Please give him my regards as also to Willie5 when you
1
The addressee’s father, the Rev. J. J. Doke, had returned to South Africa after
a long tour of Europe and America; vide “Letter to Maganlal Gandhi”, after
30-11-1910
2
Addressee’s brothers
3
A town at an altitude of 2,500 ft. in the Cape province, 185 miles from Port
Elizabeth
4
ibid
5
ibid

192 THE COLLECTED WORKS OF MAHATMA GANDHI


write to him.
Yours sincerely,
M. K. GANDHI
MISS OLIVE DOKE
S UTHERLAND AVENUE
HOSPITAL HILL
JOHANNESBURG

From a photo copy of the original in Gandhiji’s hand: C.W. 4927 Courtesy:
C. M. Doke

210. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Magsar Shud 15 [December 16, 1910] 1
CHI. MAGANLAL,

The matter you have sent for the diary is all right. I shall not
make any changes in it. Say only that Rambhabai has been arrested
and that the result will be known on Wednesday. Please say that after
her arrest other women have decided to court arrest.
In the note regarding the boy’s case, please give the decision as
reported.
I have already written to you about another acre. 2 Take it after
consulting Mr. West.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 4949 Courtesy:
Radhabehn Choudhri

211. TATA AND SATYAGRAHIS


By donating another sum of Rs. 25,000 for the satyagraha
campaign, Mr. Ratan Tata has demonstrated that he has the utmost

1
Rambhabai Sodha’s case referred to in the letter was to be heard on
Wednesday, December 21, 1910; it is thus clear that this letter was written in 1910,
in which year Magsar Shud 15 corresponded to December 16.
2
Each member of the Phoenix settlement could take two acres of land for
cultivation. The addressee, it appears, wanted one acre more between himself and his
brother, Chhaganlal. The letter mentioned is not available.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 193


sympathy for us and that he fully appreciates its value. Including his
earlier donation, a total of Rs. l,25,000 has been offered in India.
Two-fifths of this large sum was donated by Mr. Tata alone. Surely,
this is no small gift.
His letter is as inspiring as his gift is generous. Mr. Tata knows
very well that this is not a struggle to secure our own narrow ends, but
that it is for the honour of India. He has said, in so many words, that
the effects of this struggle will be felt in all parts of the world under
British rule, and that is exactly what will happen. Even a man like
General Smuts has stopped talking of racial discrimination. His two
Acts show that in law at least all citizens must have thesame status.
Fortunate indeed are those Indians who are taking part in a campaign
of such remarkable power. What does it matter if they have lost their
money and have been separated from their families, if they are
starving and have been wasting away in gaols? By sacrificing their all
for the sake of the nation’s honour, they will but gain what they [seem
to] lose. Dying in such a cause, one does not really die, but lives on.
What wonder, then, if a wealthy Indian like Mr. Tata contributes
money for such a struggle? He feels sorry, and one cannot help
feeling sorry, that other Indians do not show the same spirit. All the
same, there is no need to feel sorry. As days pass—and the struggle
lengthens—its greatness will come to be recognized all the more
clearly.
Mr. Tata hopes that before long the Union Parliament will find a
solution which will be in keeping with our honour. We join in that
hope. It is also likely that such a settlement may shortly come about.
However, the Indian community need not entertain any high
hopes. We are dealing with General Smuts. The gentleman is capable
of backing out without a moment’s hesitation. As time passes, he
grows more confident that the satyagraha will collapse; if everyone
capitulates, why should he go in for a settlement? But this unholy
expectation of his is not likely to come true. We are convinced that so
long as there is even a single satyagrahi left, the Act is bound at last to
be amended. The great Thoreau has said that a worthy cause should
never be deemed lost, that it is bound to triumph, so long as there is at
least one sincere man to fight for it. In fact, though a few more
satyagrahis may yet fall, there will certainly remain some who will

194 THE COLLECTED WORKS OF MAHATMA GANDHI


fight on till death. As Dhira1 has sung, “Only those who are ready for
death can bring out pearls.” It is so here, too. This is no ordinary
fight. Let us lay down our lives in it, and so live. The sesame seed
yields oil when crushed; it does not thereby lose, but gains in value. If
a man voluntarily allows himself to be crushed, he yields the oil of
moral energy which sustains the world. A man so crushed comes to be
highly valued, even like the sesame seed. Otherwise, pining away in
pursuit of wealth or sense pleasures is to meet death in the manner of
a glow-worm. No one pays attention to such a one.
Mr. Tata’s letter and the help he has given have doubled the
burden of our responsibility. Satyagrahis ought to remain staunch;
even those who cannot afford to go so far [as to offer satyagraha]
ought to give, as a matter of duty, whatever they can.
[From Gujarati]
Indian Opinion, 17-12-1910

212. CALCUTTA RIOT

The riot that occurred in Calcutta must have given rise, naturally,
to all sorts of reflections among Indians. We do not think that this was
a “religious” riot; rather, it was “irreligious”. Plenty of irreligious
things are done in the world in the name of religion. Little reflection
is needed to show that the Marwari 2 had no reason to kill Muslims
because the latter kill cows. Surely, the cows will not be saved as a
result. By killing Muslims, who are his brethren, the Marwari will
make himself doubly a sinner. Why do the Hindus not feel for the
cows which the English kill every day? It is known very well that
killing anyone is not the way to stop this. Why, again, should the
Muslims kill only cows? But where people are out to spite one
another, this is bound to be the result. We have been reduced to such a
wretched plight and have got so much into the clutches of courts and
lawyers, that we cannot use our common sense. If we did, we would
immediately see that the Marwari had no reason to fight with the
Muslim. What he should do is to plead with the latter once, twice, and
if he does not respond, even a thousand times. Such entreaty, however,

1
A Gujarati poet ( 1753-1825)
2
Marwaris are Hindus of Marwar in Rajasthan, engaged in business in
Calcutta and other cities.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 195


will be sincere only if we have sworn not to fight or go to court,
should the Muslim fail to respond. If, failing to understand this simple
thing, we start riots, we shall only be exploiting religion for selfish
ends.
If this is the simple duty of religious-minded Hindus, there is a
corresponding duty for religious-minded Muslims. They too are not
justified in fighting. Besides, they should abstain from killing cows
except on occasions when that is enjoined as a religious duty.
The two sides, however, should not keep watching each other’s
actions. Either of them may take the right step without thinking of
what the other might do.
There may also be some who hold back because of the fear that
so long as we go on fighting in this manner, we shall always remain a
subject people, if not under the British, under some other great power.
If we go a little deeper into this, we shall see that this is quite a wrong
notion. In fact, it is because of our subjection that the riots occur. So
long as we believe that there is a government to shield us when we get
the worse of the fighting, the one course that is truly religious will not
occur to us. We shall thus go on moving round in a circle, like the
bullock in the oil-mill, his vision blocked, fondly believing that we are
progressing. There is one royal Toad even out of this difficult
situation, and only one. Though dependent, we should behave as
though we were independent. If, in consequence, one has to lay down
one’s life, one must do so. That alone is the final test. He who takes
too much thought of this life can gain nothing either in this world or
in the other. It is a matter of shame for us that we look to the police
for protection. What protection can the police provide? They will only
make cowards of us. Such behaviour is unworthy of men.
[From Gujarati]
Indian Opinion, 17-12-1910

196 THE COLLECTED WORKS OF MAHATMA GANDHI


213. LETTER TO OLIVE DOKE
[JOHANNESBURG ,]
Monday [On or after December 19, 1910] 1
MY DEAR OLIVE,
Ramdas and Devdas just now tell me that father is ill. I was sorry
to hear this. I dare not leave the office just now. I am going back to
the Farm. Please let me know there how father is getting on and what
the illness is. You know the address: Tolstoy Farm, Lawley Station.
Yours sincerely,
M. K. GANDHI
From a photo copy of the original in Gandhiji’s hand: C.W. 4928. Courtesy:
C. M. Doke

214. EXTRACT FROM LETTER TO THE PRESS


[Before December 24, 1910]
It is unfortunate that General Smuts has, on the eve (according
to his statement) of a settlement being arrived at of the Asiatic
question, given utterance in the statement made by him in Parliament
to what is incorrect.2
Indian Opinion, 24-12-1910

215. EXTRACTS FROM LETTER TO S.A.B.I. COMMITTEE3


[Before December 30, 1910]
Ministers beg to assure His Excellency that the so-called Indian Passive
Resisters are not differentiated against in the Transvaal prisons.
This Mr. Gandhi denies. He states:

1
This appears to have been written on the Monday after “Letter to Olive Doke”,
15-12-1910.
2
This text is obviously incomplete.
3
Gandhiji, citing from the Blue-book Cd. 5363, wrote a letter to the South
Africa British Indian Committee, London, dealing with a number of inaccurate and
misleading statements made by the Transvaal Government in its communication to the
Transvaal Governor. Pertinent extracts from the letter along with the inaccurate
statements dealt with were forwarded to the Under-Secretary of State, Colonial Office,
by Ritch on December 30, 1910.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 197


Bona-fide Indian prisoners, before passive resistance
commenced, were, because of their known objection to carrying
slop-pails, as a rule, exempted from that duty. That was so when
I had the honour to be one of 151 prisoners in Johannesburg
and equally so at Volksrust when there were over 75 prisoners.
The severity of prison treatment has progressed with the
progress of passive resistance and it reached its culminating
point when all passive resisters were removed to Diepkloof,
where, it being a penal settlement, the regulations are far more
strict. For instance, an Indian, and for that matter a Native,
undergoing sentence for, say, attempted murder at Volksrust or
Johannesburg is able to receive visitors and also to write letters.
At Diepkloof, prisoners, whether they are convicted of heinous
offences or are passive resisters, cannot by regulation receive
visitors for three months. Most of the passive resisters are
imprisoned for three months.
Every opportunity was afforded to the individual of proving domicile in
any other part of South Africa, but all these persons failed to do so. . . .
Wherever it appeared that a person had been resident or born in any other part
of South Africa, he was returned thither and not deported to India. . . It was
ruled by Supreme Court of Transvaal in case of Leung Quinn and another versus
Attorney General in May last and subsequently in the question of Naidoo v .
Rex, that when an Asiatic failed on demand to produce certificate of registra-
tion, he could be arrested and brought before Magistrate under Section VII of
Act 36 of 1908 and if he does not satisfy Magistrate that he was registered
Asiatic, Magistrate had no option but was bound to make an order directing
Asiatic to be removed from the Colony.
Mr. Gandhi denies that every opportunity was afforded of proving
domicile or South African birth. He says:
I take the very first case that is quoted by the Government on
page 130; it is that of Manikum Pillay. I make bold to say that
Manikum Pillay was well known to the Registrar and so was his
father. What is more, Manikum Pillay speaks English fluently.
He declared himself to have been a student and certainly
claimed that he was South African born and that he was entitled
to go to Natal by reason of his educational qualifications. The
other case is that of R.S.C. Pillay. He too claimed educational
qualifications. Similarly T.A.S. Acharya. The despatch in his
case makes the admission that he claimed the right to reside in

198 THE COLLECTED WORKS OF MAHATMA GANDHI


any South African Colony and so he did because of his
educational qualifications. I have in my possession letters from
him whilst he was being detained in Pretoria, telling me that he
had stated everything he had to with reference to his
qualifications. But all the prisoners named were deported to
India. I know two brothers Pillay who before they went to the
Magistrate asked me whether they too would be deported
although they were born in Kimberley. I told them that they
should not be, and that they should state to the Magistrate that
they were born in the Old Colony. I saw them after the order of
deportation was made against them. They told me that they had
protested that they were born in Kimberley but that it had been
of no avail. I well recollect the two brothers having felt offended
with me because they thought that I had misled them. I could
multiply such instances.
In regard to the Supreme Court cases above cited, Mr. Gandhi writes:

The Government have, I do not know whether consciously or


unconsciously, undoubtedly misled Lord Crewe by stating that
the cases of Leung Quinn and another v. the Attorney General
and Naidoo v. Rex show that an Asiatic failing to produce a
certificate of registration can be arrested and brought before a
magistrate under Section 7 for his removal from the Colony. In
Mr. Quinn’s case, the only question at issue was whether the
period of Mr. Quinn’s detention after deportation was
reasonable. In Mr. Naidoo’s case, the question was that of legal
objections as to whether the regulations under which he was
charged were applicable to his case and whether the Registrar
was duly appointed. Ordinarily, the misleading statement now
referred to would not matter much, but in the dispatch in which
it occurs, it is pertinent in order to justify the extraordinary
conduct of the Government in trying to bring passive resisters
before an administrative board and to procure their deportation
rather than allow them to be tried judicially and to suffer
imprisonment to which they had become inured. It will not be
denied that many of these deportees were during the initial
stages of the struggle tried judicially and simply imprisoned.
They were also known to the police as being registered residents
of the Transvaal. Why were they subsequently tried
administratively and ordered to be deported?

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 199


As regards future deportations, instructions have been given to the
police to exercise every care that Asiatics who have been registered are not
dealt with under the clause of the Act which entails deportation.
Mr. Gandhi remarks:

Why this precaution only now? Is it not a fact that the


proceedings under the deportation section of the Act were taken
at the instance of the Law Department and that it was not the
police who were responsible for the deportation proceedings? I
read a Minute from the then Attorney General before the Union
was proclaimed addressed to Crown Prosecutors to the effect
that passive resisters were to be charged under deportation
sections and not under sections for non-production of
registration certificates as of old. I submit therefore that it is
highly misleading, if not dishonest, now to state that the police
have been instructed to exercise very great care, etc. Let me
however give a few instances. There is case 46, R.S.N.
Moodaley. He is supposed to have refused to give any means of
identification. Now I know that the Magistrate who ordered
deportation himself hesitated, as he knew Moodaley to be a
resident of some twenty years and as he recognised him also to
be an old offender (Passive Resister) and a duly registered
Indian. Why was he ordered for deportation? There is the other
old offender, Thambi Naidoo. He was not only known to the
police, the Magistrate, the Registrar and everybody concerned to
have been a registered resident but he was one of those who,
when voluntary registration was going on (in 1907), helped the
Registrar’s Department, and was thanked by the Registrar for his
work. Short of producing his registration certificate, Mr. Quinn,
the leader of the Chinese Association, produced proof before
the Magistrate that he was registered. He tried hard to avoid
deportation. He was known to General Smuts, as also to the
Registrar. Why was he deported?
Mr. Gandhi adds:

There are other statements made by the Transvaal Government


which are also capable of refutation.

From a photostat of the typewritten copy in the Colonial Office Records: C.O.
551/7

200 THE COLLECTED WORKS OF MAHATMA GANDHI


216. TRIAL OF RAMBHABAI R. SODHA
[JOHANNESBURG ,]
December 30, 1910

The much-adjourned case1 of Mrs. Rambhabai R. Sodha came up before Mr. D


J. Schuurman, in “B” Court, Johannesburg, on Friday, the 30th ultimo. She was
charged with contravening Section 5, read together with Section 2 of Sub-Section 1
of Act 15 of 1907 (the Immigrants’ Restriction Act) in that, being a prohibited
immigrant, she entered into or was found within the Transvaal—that is to say, that
when asked at Johannesburg by a duly authorised officer, she was unable, through
deficient education, to write out and sign in the characters of a European language an
application for permission to enter the Transvaal Colony.
Mr. Cramer prosecuted for the Crown and Mr. M. K. Gandhi appeared for the
defence.
As soon as the case was called, Mr. Cramer (the Public Prosecutor) allowed Mr.
Gandhi to go into an adjoining room with the Immigration Officer (Mr. Emphietze)
for the purpose of putting the accused through an education test.
Some difficulty arose in connection with the interpretation of the evidence.
Mr. Cramer explained that Mr. Gandhi would act as interpreter. His worship objected
to this course.
MR. CRAMER : It is not a matter of evidence. There is a difficulty about the
matter, for there are several dialects.
HIS WORSHIP : I have no objection personally, but is it quite regular?
MR. GANDHI: I have no objection.
MR. CRAMER : I have less.
Mr. Gandhi was eventually asked to interpret the charge to the accused.
In reply the accused said that she did not know any European language, but said
that she was not guilty.
For further interpretation Mr. Pragji K. Desai was sworn to perform the duty.
Mr. Cramer said this case had been a matter of correspondence between Mr.
Gandhi and the Attorney-General’s office, and he (the speaker) had been instructed to
carry on with the case. He then called Mr. Emphietze, an immigration officer of the
Transvaal and a member of the C.I.D., who said that he had asked the accused through

1
She was arrested on November 6, and on November 7 her case was remanded
for 14 days; it was then transferred to Johannesburg.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 201


Mr. Gandhi as to whether she could read or write a European language. She replied
through Mr. Gandhi that she could not. She also said she did not know whether her
husband was registered under the Act.
Mr. Gandhi corroborated this evidence, and said he also knew that accused
could not speak or write any European language.
This closed the case for the prosecution.
Mr. Sodha, the husband of the accused, a passive resistance prisoner at present
at the Fort, was called by Mr. Gandhi and said he was serving three months’
imprisonment under the Registration Act. He had a wife and three children, had been
in South Africa nearly 14 years, and came to the Transvaal in 1897. He did business in
Pretoria, but during the War went to Natal as a refugee. After the War he came to the
Transvaal again, passing the necessary test at Volksrust on the 7th October, 1908.
Since then he had been off and on in jail for non-compliance with the Registration
Act. While in jail his store was broken into and he had lost all his property.
[Questioned] by the Magistrate: His registration pass, before the war, was
issued at Komatipoort. He had not taken out a registration pass under subsequent
legislation because of his conscience.
Mr. Gandhi again gave evidence and said that, about two months ago, when he
was in Natal, the previous witness was there also. After consultation, and solely upon
witness’s responsibility, the accused came to the Transvaal. He telegraphed1 to the
Immigration Officer that the accused with her minor children was entering the
Province upon a particular date. He received no reply, and the accused and her children
left with witness for Johannesburg. At the border she was arrested as a prohibited
immigrant.
Cross-examined: Witness considered the accused’s real home was in the
Transvaal. When he came to the Transvaal he left his wife behind in Natal. The
accused came to the Transvaal after her husband was convicted. He left a furnished
home for his wife in Natal, but, unfortunately, it was not long furnished.
MR. CRAMER : I put it to you fairly and squarely. Was she not brought up here
for the purpose of agitating against the Asiatic law?
[ GANDHIJI]: That is entirely wrong.
Why was she brought here?
For the simple reason that the passive resisters’ families had to
be supported out of public funds, and It was convenient to support
Mrs. Sodha in the Transvaal as also to look after her family.
For whom to support her?

1
Vide “Telegram to Chief Immigration Officer”, before 6-11-1910

202 THE COLLECTED WORKS OF MAHATMA GANDHI


For those engaged in looking after the families of the passive
resisters.
In the Transvaal?
Yes, in the Transvaal.
Sodha came up here as a passive resister?
Yes, he entered as a passive resister. He came here undoubtedly
in order to test his rights.
And afterwards, in order that the passive resisters might better support his
wife, you had her brought up?
Yes.
It was not impossible to keep the accused in Natal, said Mr. Gandhi, but it was
highly inconvenient in the interests of the health of herself and the youngest child
who was sickly. Mrs. Sodha was living in a lonely place. And she could be best
protected at Tolstoy Farm.
In reply to questions from the Bench, Mr. Gandhi wished to make it quite clear
that Mrs. Sodha had not been brought up in order in any manner whatsoever to
support what had been called the Asiatic agitation. There had been no desire
whatsoever to defy the laws of the country in connection with the entrance of Mrs.
Sodha. On the contrary, every possible attempt had been made to conciliate the
authorities, even where he thought they were erring on the wrong side so far as the
legal point was concerned.
In further reply to the Magistrate, Mr. Gandhi said not a single passive resister
got a single farthing as wage or pay for going to jail, unless the support given to
dependants could be so termed.
THE MAGISTRATE: No, I do not mean that at all. What do the passive resisters do
when they are discharged?
MR. GANDHI: Those who so wish are taken to Tolstoy Farm and
there supported.
THE MAGISTRATE: Are they not paid anything?
MR. GANDHI: Not a farthing.
Mr. Gandhi then returned to his chair at the “horseshoe” and said that that was
his case.
Mr. Cramer, in addressing the Court, said that the only question was whether
the accused had a knowledge of a European language. This it was proved she did not
possess. It might be unfortunate that the lady was before the Court; but her Asiatic
birth had nothing to do with the case.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 203


Mr. Gandhi, addressing the Court, gracefully acknowledged the courtesy
extended by the Magistrate and the Public Prosecutor. He said that if the case ended
with the education test, the Crown was bound to secure a conviction. But the speaker
submitted that Mrs. Sodha was protected under the other sections of the Act. She was
not guilty because she was the wife of a person who was not a prohibited immigrant.
Mr. Sodha was not a prohibited immigrant because, according to the evidence, he had
passed the education test at Volksrust on his entry. Again, Mr. Sodha, being a pre-war
resident of the Transvaal, was an eligible Asiatic under the Registration Act, and,
therefore, not a prohibited immigrant. Mr. Sodha’s conviction did not affect his (Mr.
Gandhi’s) contention, as he was convicted only for not producing his registration
certificate. This did not make Mr. Sodha a prohibited immigrant in any way
whatsoever.
Mr. Gandhi further urged that Mrs. Sodha, being a married woman, could not,
under the Common Law of South Africa, be declared guilty of a statutory crime. By the
common Law she had a right to follow her husband. And while her husband was in the
Transvaal she had a right to be also. In the circumstances, Mr. Gandhi asked for Mrs.
Sodha’s discharge.
The Court reserved judgement up to the 6th January.1
The proceedings were keenly watched by the Indian community. Many Indian
ladies were present. Mrs. Vogl, Miss Schlesin, the Rev. Mr. Doke, and Mr.
Kallenbach also attended. The Indian ladies remained with Mrs. Sodha the whole day
and showed her marked attention. It was a pathetic scene to see her in the Court house
with her baby in her arms and three-year-old child by her side.
Indian Opinion, 7-1-1911

217. LETTER TO L. W RITCH


[On or after January 1, 1911] 2
Mr. L. W. Ritch, the Secretary of the British Indians’ Defence Committee 3 ,
since his return from South Africa three weeks ago, has had a letter from Mr. Gandhi,
who says that a conversation with General Smuts leads him to believe that the
promised new Bill will satisfy the Indians. The Bill is likely to be issued about the

1
The judgement was actually delivered on January 11, 1911. Rambhabai
Sodha was sentenced to a fine of £10 and one month’s simple imprisonment but,
notice of appeal having been given, was released on a personal bail of £25.
2
General Smuts’ speech in the Cape Parliament mentioned in the letter was
made on December 13, 1910; the New Bill was “likely to be issued about the middle of
this month”; and this summary of the letter was published in India, 20-1-1911. It
must therefore have been written early in January 1911.
3
This should be South Africa British Indian Committee, London.

204 THE COLLECTED WORKS OF MAHATMA GANDHI


middle of this month. To satisfy the Indians it must, of course, provide not only for
the repeal of the Registration Law, but for the elimination of racial discrimination in
the Immigration Law. An interesting indication of the intentions of the South African
Ministers is given in General Smuts’ speech in the Cape Parliament a fortnight ago.
He made it clear that “it will continue to be the policy of South Africa not to let
Asiatics into the country”. The educated British Indians will not oppose reasonable
measures to restrict a flood of Asiatic immigration. Their case is simply that they
must cease to be stigmatised under the law as undesirable. General Smuts went on to
say that “he hoped the question was near a solution”, and that “he agreed that those
who were domiciled in the country should be treated fairly”.

India, 20-1-1911

218. A MOMENTOUS DECISION


Reuter’s correspondent at Calcutta cables the gladsome news
that the Government of India has decided to issue a notice in April
prohibiting the further emigration of indentured Indians to Natal
from July 1st. The Hon. Prof. Gokhale, the representative of the
non-official members of the Imperial Legislative Council, expressed
the deep gratitude of Indians for the decision. Reuter adds that the
decision has given the utmost satisfaction in India. There is no reason
why, in South Africa, too, it ought not to give similar satisfaction,
except among thosewhose material interests will be somewhat
adversely affected by the stoppage of the labour supply. South Africa
can never be the birth-place of a free and enlightened nation if it
harbours slave-labour, which indentured labour certainly is. However
that may be, the Indians of South Africa have achieved a notable
victory. Mr. Polak had concentrated his efforts whilst in India upon
the work of stopping the emigration of indentured Indians. And the
credit belongs to Mr. Polak for the very satisfactory result of his
labours.
Of the Hon. Prof. Gokhale, we cannot but write with the highest
respect. In spite of his many most exacting self-imposed duties, and
notwithstanding his indifferent health, he has found time to study our
question as no other Indian has done. By his great work on our
behalf, he has laid us under deep obligation to him. We hope that,
without regard to what may be done to ameliorate the condition of the
free Indian population, the Government of India will not swerve from
their [sic] resolve. We oppose the system of indentured labour on

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 205


merits— not because indentured Indians are specially badly treated in
Natal, but because it is bad in itself and is devoid of merit even when
the employers of such labour are the most humane of men. This
stoppage will automatically solve the Indian question in this
sub-continent. After the removal of the incubus, only time and
patience are necessary for a steady improvement in our position under
the Union.
Indian Opinion, 7-1-1911

219. INDIANS IN CANADA


In a previous issue1 we reproduced from a British newspaper a
letter from one Mr. Sundersingh in Canada. We have now received a
copy of the same from Mr. Sundersingh, in which he gives the
particulars of the cases of Messrs Harnamsingh and Rahim. Mr.
Harnamsingh had already been served with an order of deportation,
and Mr. Rahim was about to be. A protest was lodged against this by
the Hindustani Association there.
Our correspondent also says that Indians in Canada cannot
migrate even to the U.S.A., while Japanese and Chinese traders,
students and others are allowed to do so.
Once, we were talking to a Jew, who was a British subject. When,
in the course of the conversation, we mentioned the fact of his being a
British subject, he vehemently protested: “No; I am a British worm.”
The reason for his exasperation was that he himself had suffered. One
should not be surprised if Indians settled in British colonies also
describe themselves asBritish worms. Kind-hearted persons take care
not to trample upon worms. But many whites not only take no care
not to trample upon us, they rather go out of their way to do so.
What is this due to? It is the same story in South Africa, and also
in British Africa. There is turmoil in Mauritius. Only a few days ago,
we printed a letter from Fiji2 . And now [we find] the Sikhs in Canada
are also not allowed to live in peace.
Shall we blame the whites alone for these things? We, at any rate,
cannot. If we live like worms, we are bound to be trampled upon. If
1
Indian Opinion, 24-12-1910. The letter was also published in India,
London.
2
Vide Indian Opinion, 10-12-1910. There is no letter from Fiji; but there is a
letter bearing the title “Indentured Slavery in Mauritius”.

206 THE COLLECTED WORKS OF MAHATMA GANDHI


we cease to be worms, no one will trample upon us.
It is quite easy to see that our circumstances are of our own
making. This law also holds good in the case of slaves. In every
country, the remedy is the same and a simple one at that. All else is as
the mirage.
[From Gujarati]
Indian Opinion, 7-1-1911

220. LETTER TO CHANCHALBEHN GANDHI


TOLSTOY F ARM,
Sunday, Posh Sud 7 [January 8, 1911] 1
CHI. CHANCHAL,

I was very glad to read your long and interesting letter. Ba also
read it with interest. Harilal will read it on his release tomorrow. I
hasten to write this today as I have no time at the office. I am at the
Farm just now. It is 9 p.m.
You must be getting Indian Opinion regularly. Do you ever go
out for a walk? It is good that you have kept up the habit of reading.
I wish you not to wear jewellery for fear of being criticized if
you don’t. There is no beauty in jewellery. The first and real
ornament for both man and woman is purity of character. That you
possess such character is in itself a precious ornament. Our custom of
wearing ornaments on the nose and the ears seems to me barbarous. I
mean barbarous, not in comparison with the whites, but according to
our own ideas [of civilized life]. That the poets have described
Ramachandraji, Sitaji, and others as wearing jewels seems to me to be
suggestive of the custom prevailing at the time [they wrote]. Otherwise
I cannot imagine the benevolent Ramachandraji or the deeply devout
Sitajicarrying even a particle of gold on their bodies. Whatever that
may be, we can easily understand that there is no beauty in
perforating the nose and the ears and inserting something there or in
wearing ornaments round the neck or the arms. However, I say
nothing about putting on bangles round the wrists, as their absence
would suggest something inauspicious.2
1
Harilal Gandhi’s release referred to in para one of this letter took place on
January 9, 1911.
2
According to Hindu practice, only widows go without bangles.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 207


It would be enough if we put on, these things to prevent talk.
These are my views. Think over them and do as you deem proper.
You need not be embarrassed and do anything because of me.
Ramdas and Devdas are quite, cheerful. There are twenty boys
here, so they feel quite at home. I find Ba also happy as she has the
company of other women. She has given up tea at least for the present
and is now habituated to bathing in cold water.
There is talk that the struggle might come to an end within this
month or in February. Let us see what happens. Harilal will remain
free, as the Government do not make arrests nowadays. I know his
health was excellent in the Johannesburg Gaol.
Purshottamdas is also here after his release from gaol. A kiss to
Ramibai 1 . My regards to Chhabalbhabhi 2 . I shall await Bali’s 3 letter.
What can I expect from Kumi4 when she does not write at all?
Blessings from
BAPU

From a photostat of the Gujarati original in Gandhiji’s hand: S.N. 9528

221. LETTER TO NARANDAS GANDHI


TOLSTOY F ARM,
Posh Sud 10 [January 10, 1911] 5
CHI. NARANDAS,

Received your letter. Remember this as an axiomatic truth that


even if a single satyagrahi remains, he will win. During this struggle
many successes have already been achieved. Being idol-worshippers,
we shall recognize our victory only when the Act has been repealed
and the colour bar removed. But for this, the battle is already won.
I read your views about weaving in your letter to Chi. Maganlal.
They are quite right. What is required for the present is that every

1
Addressee’s daughter
2
Addressee’s mother
3
Addressee’s sister
4
ibid
5
Leung Quinn returned to South Africa from his visit to India in the first week
of January 1911.

208 THE COLLECTED WORKS OF MAHATMA GANDHI


intelligent person should learn the craft. I see no benefit in getting the
work done through hired labour. So that you are right in saying that
we should not adopt that course. This is all that needs to be done: The
person who weaves cloth after learning that craft must secure a rich
buyer, who should make no profit from it, but should, on the contrary,
be prepared to sustain a loss. If this comes about, thousands, I believe,
will take to weaving.
Your views about Phoenix are, on the whole, correct. But you
should not think that the impression you have gathered from a
distance would remain the same when you view things at close
quarters. This much is certain: under the prevailing conditions,
Phoenix is the best place.
What Mr. Quinn told you about me is an exaggeration. It does
not mean that I have attained any particularly high stage of
development. It only means that Mr. Quinn, not having come in
contact with an ordinary person of good character, was enamoured of
me on seeing me. The adage, “Where there are no trees, the castor-oil
plant passes for one”, fits the case.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 5074 Courtesy: Narandas
Gandhi

222. DR. GOOL

We congratulate Mr. Yusuf Gool or his son’s entry into the


medical profession. Mr. Yusuf Gool has received congratulatory
telegrams from many places. Dr. Gool created a fine impression about
himself in England. He was always busy with his studies. An
examination in a medical course is not a simple affair. But Dr. Gool
got through all the examinations at the very first attempt.
To what use will Dr. Gool now put his attainments? His father is
a well-known public worker. Dr. Gool can do as much as his father,
but the Indian community will expect more from him.
Dr. Gool has two alternatives before him. He may use his
qualifications only for amassing wealth. We would consider this to be
an abuse of education. The second course is to serve the community,
even while engaged in making money. That will be the right use of

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 209


education.
From the experience we have had of him, we know for certain
that Dr. Gool will make the right use of his position.
[From Gujarati]
Indian Opinion, 14-1-1911

223. FROM “TRANSVAAL NOTES”


Wednesday, January 18, 1911
I give the following rumour 1 for what it may be worth, but I
warn your readers against placing much reliance on this information,
which I send not without much hesitation. It is stated that General
Smuts made it a condition precedent to any settlement of the
Transvaal trouble, that the repatriation of time-expired indentured
Indians should be made compulsory. It, thus, appears that, as against
repeal of Acts 2 of 1907 and 36 of 1908, and the restoration of legal
equality in point of immigration, he wished to impose other
conditions and restrictions, which the Imperial Government
considered unacceptable. It is, accordingly, suggested that practically
a deadlock exists, and that a general Immigration Bill may not, after
all, be introduced during the present session of Parliament. Whether,
however, there is or is not any truth in this rumour, I am in a position
positively to affirm that passive resisters are thoroughly prepared for
an indefinite prolongation of the struggle.
In view of possibilities, it is as well that there is a movement,
amongst Indian merchants, towards supplying settlers at Tolstoy Farm
with food-stuffs, the supply of which has always been a burden upon
passive resistance funds.
Messrs Hansji Morar Patel and Dulabh Veera Bhaga have sent a
bag of bhimri rice and half a case of ghee to the Farm.
Indian Opinion, 21-1-1911

1
Vide the following item.

210 THE COLLECTED WORKS OF MAHATMA GANDHI


224. JOHANNESBURG
[Wednesday, January 18, 1911]
GIFTS
Mr. Hansji Morar Patel and Mr. Dulabh Bhula Bhagat of
Germiston have sent a bag of bhimri rice and a tin of ghee (41 lb). If
a number of Indians keep sending gifts, that may mean so much less
to spend from the Satyagraha Fund.
S ETTLEMENT MAY NOT C OME OFF
I find it necessary to say this. From some reports1 which I have
received, it appears that the negotiations for a settlement which were in
progress have been abandoned. The Imperial Government has not
accepted some of the proposals of General Smuts. It is believed that
he wanted the period of contract of the indentured labourers to expire
in India, that, in other words, the Government of India should enact
legislation for their compulsory repatriation, as a condition for his
agreeing to a settlement of the Transvaal agitation. It also appears that
General Smuts wished, as in return for repeal of the obnoxious Act
and granting of legal equality, to impose other harsh conditions which
the Imperial Government did not accept. The new Immigration Bill
seems to have been held up for this reason. This report is just a
rumour and is based only on inference; it need not therefore be taken
as very reliable. All the same, I should like to caution those who
support the satyagraha movement and attach the highest value to it,
that, should a settlement fail to materialize this time, the movement
may perhaps be drawn out over many long years. In that case, the
available funds will be exhausted and satyagrahis will be reduced to a
pitiable plight; they will then have to depend entirely upon the
well-to-do members of the community. That is why I said above that
much saving can be effected if Indians take a turn in sending
foodstuffs.
[From Gujarati]
Indian Opinion, 21-1-19ll

1
Vide the preceding item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 211


225. LETTER TO CHHAGANLAL GANDHI
TOLSTOY F ARM,
Posh Vad 6 [January 20, 1911] 1
CHI. CHHAGANLAL,
Your letter to hand. I think you have been there for over six
months now. Chi. Maganlal has asked me how long you would be
required to stay there. Hence I intend to discuss the question of your
return. Please let me know what you yourself think, leaving aside
whatever Doctor [Mehta] might say. I take it that your health has been
restored. I also take it that you will now return to Phoenix. At the
same time I hold that you are still free in this matter. Both Doctor
[Mehta] and I think that you should do as you please. My own idea
was that you should live in London for a year and gather whatever
experience and knowledge you could. As for study, you will have it
for the whole of your life. But if you imbibe the particular kind of
atmosphere that obtains there, the voyage to England will have, to my
mind, fulfilled itspurpose. You may, however, let me know your views
without any reservation,
The boys—Harilal and others—walked to Johannesburg (a
distance of 20 miles) and back. I suggested their going on foot to save
money; they agreed and were tested. Devo 2 too joined in and so did
Purshottamdas. The health of the boys has improved a lot here;
whether or not their moral character too has developed, it is difficult
to judge.
A motley crowd has assembled here.
Blessings from
MOHANDAS
[PS.]
I do not now think that there will be a settlement. You will see in
Indian Opinion what I have written in this regard.3
From a handwritten copy of the Gujarati original: C.W. 5075. Courtesy:
Narandas Gandhi

1
This letter was written towards the end of Chhaganlal Gandhi’s stay in
England between June, 1910 and January, 1911. In 1911, Posh Vad 6 corresponded to
January 20.
2
Devdas
3
Vide “From ‘Transvaal Notes’ ”, 18-1-1911 and “Johannesburg”, 18-1-1911.

212 THE COLLECTED WORKS OF MAHATMA GANDHI


226. CHHOTABHAI CASE

We congratulate Mr. Chhotabhai on his great victory. In


fighting for his son, he indirectly fought for the community as a
whole. If he had wanted merely to protect his son’s interest, he would
have probably succeeded in safeguarding his right by servile
entreaties to the Government. But he courageously decided that he
would fight.
It is, of course, a matter of regret that Mr. Chhotabhai has
submitted to the law and that, even in regard to his son, all that was at
issue was merely his right to submit to the law. The problem of his
son, however, involved a major issue. It had to be solved, sooner or
later. Hence, by obtaining an interpretation of the law, he has to that
extent served the cause of satyagraha. We hope parents will not now
make a rush for their children’s certificates. The verdict1 that has been
obtained will not lapse and when a settlement takes place the rights of
all children will be protected.2
We shall know later the nature of the Court’s orders. One thing
is certain, namely, that the Government made an all-out attack on
minors, but it has failed.

[From Gujarati]
Indian Opinion, 28-1-1911

227. JOHANNESBURG

Wednesday [February l, 1911]

IMMIGRATION BILL

It is reported by The Star’s correspondent that this Bill is being


drafted by the Government. He says it will be quite an important Bill,
which will reveal the Asiatic policy of the Government. The discussion
on Mr. Stallard’s resolution3 in the Transvaal Council suggests that the

1
Given by the Supreme Court on January 25, 1911
2
This was done in the provisional settlement of May 1911.
3
It recommended “to the Parliament of the Union . . . the enactment of
legislation for preventing all further immigration of Asiatics and the repatriation of
all Asiatics now in South Africa who have not been born within the Union”

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 213


Asiatic question is going to be a serious one. He said that the
intermingling of Europeans and Asiatics was impossible. He has not
raised issues of trade, etc. He has raised only one issue—opposition to
Asiatics because they are Asiatics. His resolution was supported by 16
members. Most of them were Englishmen. Indians [born in South
Africa] were excluded from the scope of the resolution.
Most of the Dutch members opposed this resolution. There
seems to be some mystery behind this. There is no reason whatever to
believe that they are well disposed towards us.
We shall know everything when the Immigration Bill is
published.
S UCCESS OF S ATYAGRAHA
Even His Royal Highness the Duke has been impressed by the
satyagraha campaign. He has seen what a great movement it is. It is
reported by Reuter that he referred to it at a party1 held in his honour,
and said that he expected that there would be an early settlement of
the question of the position of Indians.
C HHOTABHAI C ASE
Mr. Chhotabhai has received a number of letters and telegrams
congratulating him, including a cable from the Mahfil-i-Saif-ul-Islam
of Kholwad2 .
Mr. Chhotabhai offers his thanks to all those who sent such
messages, saying that he did no more than his duty in taking the risk
that he had done in fighting the case. He is very happy that the
community has appreciated his action so highly.
The [Transvaal] Leader, The Star and other newspapers have
condemned the Government’s action. They say it is inconceivable
thatchildren, whose parents have the right of residence in the
Transvaal, should be deported on attaining majority.
I have not yet received the judges’ comments. I shall send them
as soon as I do. It will be some time, I think, before I get them from
Cape Town.
[From Gujarati]
Indian Opinion, 4-2-1911

1
At the Guildhall banquet on 30-1-1911
2
In Surat district, Gujarat

214 THE COLLECTED WORKS OF MAHATMA GANDHI


228. LETTER TO MAGANLAL GANDHI
Maha Shud 2 [February 1, 1911] 1
CHI. MAGANLAL,

Received your letters. It would be premature, I think, to buy


land in India. Narandas has no experience in this matter. In buying
land an element of selfishness is likely to creep in. There is no hurry
about it. Something worthwhile can, I think, be done only if some
experienced person goes from here. I feel that land will be easily
available in India whenever we need it. If, however, Narandas is very
enthusiastic about it, we should not discourage him. That Kashi will
not come, is bad news. You have done what you could; we have to
forget about her return for the present.
Is the article written by Balvantray2 there? It is not found in the
material you sent me.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 5076. Courtesy:
Radhabehn Choudhri

229. CHHOTABHAI CASE

As time passes, further reflections3 occur on this case. The Chief


Justice made some remarks which clearly expose General Smuts’
design. He had deliberately intended the law to be vague, so that the
door might remain open for the deportation of minors. But the door
has now been closed. “If the Legislature desires to place restrictions
upon the liberty of subjects, it should do so in language which admits
of no doubt as to its intention. Otherwise, we will refuse to give effect
to the law.” These are the words of the Chief Justice. Not only is there
no clear intention in the law to deprive the minors of their rights but

1
This letter appears, from the reference to Kashi, Chhaganlal Gandhi’s wife,
to have been written after “Letter to Maganlal Gandhi”, 15-11-1910. In 1911, Maha
Shud 2 corresponded to February l.
2
Balvantray Kalyanray Thakore (1869-1951), Gujarati poet, essayist and
critic.
3
Vide “Chhotabhai Case”, 28-1-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 215


General Smuts also did not, while introducing the Bill, indicate that
minors were not to be treated as residents. This is breach of faith, plain
and simple. “He who digs a pit will fall into it himself”; accordingly,
the Transvaal Government has fallen into a pit of its own making.
The community is therefore justified in attaching great
importance to the Court’s judgement. Those who have sent telegrams
and messages to Mr. Chhotabhai speak of his having braved a great
risk. He certainly deserves the praise that has been showered on him.
[From Gujarati]
Indian Opinion, 4-2-1911

230. LETTER TO NARANDAS GANDHI


TOLSTOY F ARM,
Maha Shud 10 [February 8, 1911] 1
CHI. NARANDAS,

Received your letter of Magsar Vad 7 2 . You have asked me


good questions about the plague3 . When rats began to die in Rajkot I
advised all to leave the house or the town. These were my ideas then. I
now feel that it was a mistake on my part. Many of my ideas have
undergone a similar change. Every time the objective was the same—
the search for truth. Now I see that it is ignorance of the soul’s virtue
to run away from houses. This does not mean that one’s house cannot
be changed whatever may happen. We must leave the house if it is on
fire. If snakes and scorpions are so rife as to cause instantaneous
death, then also we may leave the house. I, however, do not mean to
say that there is nothing wrong in doing so. For him who has
completely known and realized the self the sky above is the only roof;
he would live in a jungle and look upon snakes and scorpions as his
friends. We who have not attained such a state live in houses for fear
of cold, heat, etc., and we are ready to leave the house when dangers
creep in there. Despite all this, we should aspire to realize the self as
soon as may be. At any rate this is what I think.
1
From the reference to Chhaganlal Gandhi’s arrival in India, this letter
appears to have been written after his departure from England for India on January 30,
1911.
2
December 24, 1910
3
In Rajkot in 1902 when Gandhiji stayed in India for about a year

216 THE COLLECTED WORKS OF MAHATMA GANDHI


At the time of the plague Motilal Odhavji 1 left [Rajkot] and
posted his steward to look after his house. It is improper for one to do
so. Had the house caught fire, the steward too would have run away.
From this example you will be able to make out the distinction. The
danger from plague, etc., I consider an ordinary one. The Mussalmans
do not leave their houses, but stay on there with faith in God. If,
however, they took the necessary measures [to fight the plague], they
would be doing better. There is hardly any likelihood of the plague
disappearing so long as we get panicky and run hither and thither. It
is sheer cowardice if, instead of trying to find out the cause of the
plague, we run away from the place where it breaks out. But when I
myself am not satisfied with this answer, how could you be?
You will be able to know what passes in my mind only when we
meet personally and questions come up incidentally. There are two
reasons why I cannot explain things fully to your satisfaction. One is
that I am so engrossed in other activities that I have no time to think
over the matter and put my ideas on paper; the other is that there is no
accord between my preaching and practice. If there were that accord
which I would like to achieve, I would get the right words to make the
thing instantly clear to you.
When respected Khushalbhai asks you to leave the house or the
town for fear of the plague, it is but proper for you to do so. It is our
duty to obey our elders so long as their orders do not conflict with
our moral life. Therein lies our ultimate good. If you leave the
plague-infested house not from fear of death but to please your
parents, your behaviour will be quite blameless. However, the
conditions are so difficult in some places and for some people that we
have to think before obeying the orders of elders. I personally feel
that the love of parents is so mysterious that one should not offend
them without very strong reason. But my mind is not prepared to go
to the same extent in respect of the other elders. When we have any
doubt concerning problems of morality, we may disregard the orders
of other elders; nay, it would be our duty to disobey them. But when
there is no doubt about the morality of a question, even parents orders
can be disregarded; nay, it will be our duty to do so. If my father asks
me to steal, I must not. If I want to observe brahmacharya and my
parents’ orders are to the contrary, I must politely disobey them. I
consider it to be a duty not to betrothe Ramdas and Devdas till they
1
Motichand Odhavji Sharaf of Rajkot

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 217


come to their own. Were my parents alive and held a contrary opinion,
I would have very politely opposed them. At the same time I believe
that my mind is so free from prejudice in these matters that they
would have accepted my views.
This is enough. You may question me, if further doubts arise. I
have written the foregoing, knowing that you, being virtuous, will not
misinterpret my words. A hypocrite, on the other hand, would,
because of what I have written, either consider me to be arrogant or,
putting blind faith in my words, misinterpret me and disobey elders
for the wrong reasons and would interpret what I have written about
the plague to mean that as a proper remedy for plague even liquor,
meat, etc., could be taken.
I see from Chi. Chhaganlal’s letter that he will reach there in a
few days. Please tell Kalyandas1 that I shall feel satisfied if he writes
even a post card to me. Also tell him that he has not kept any of the
promises he gave me.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 5077. Courtesy: Narandas
Gandhi

231. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Maha Vad 1 [February 14, 1911] 2
CHI. MAGANLAL,

Chi. Chhaganlal intends to come here. It was therefore wise of


him to have gone to India. It would have been considered improper
had he not done so. We were pressing him to go to India via South
Africa, if he so desired, when he did not intend coming here. If he
comes here I shall be free from worry about his health. His health will
never be all right in India.
Let Karamat go to Durban. We have done whatever we could.

1
Kalyandas Jagmohandas Mehta, who had worked with Gandhiji in South
Africa; vide “Letter to Chief Secretary for Permits”, 15-8-1905 and” Kalyandas
Jagmohandas [Mehta]”, 11-5-1907.
2
This appears to have been written after Chhaganlal Gandhi left England for
India on 30-1-1911.

218 THE COLLECTED WORKS OF MAHATMA GANDHI


Now he knows full well what treatment he should take. It is up to him
now to take it or not.
Blessings from
MOHANDAS
[PS.]
I am mostly busy making sandals these days. I like the work and
it is essential too. I have already made about fifteen pairs. When you
need new ones now, please send me the measurements. And when you
do so, mark the places where the strap is to be fixed—that is, on the
outer side of the big toe and the little toe.1
From the Gujarati original in Gandhiji’s hand: C.W. 5078 Courtesy:
Radhabehn Choudhri

232. LETTER TO ACTING GENERAL MANAGER,


SOUTH AFRICAN RAILWAYS 2
[JOHANNESBURG ,]
February 20, 1911
The attention of my Association has been drawn to what purport
to be railway regulations printed in the S.A.R. Official Tariff Book,
No. 1 3 , dated the 1st instant. The book appears to reproduce the
regulations regarding Asiatic passengers which, as a result of the
conference between yourself, the then General Manager, Mr. Bell, and
representatives of my Association, were repealed so far as this
Province is concerned. 4 I shall therefore be obliged if you will be
good enough to let me know whether the replacing regulations
referred to by me have been repealed and the old ones re-instated.
Indian Opinion, 25-2-1911

233. DUTY OF NATAL INDIANS


It seems to us that the future of Indians in South Africa will be
determined by what Natal Indians do. There are two main reasons for

1
This is followed by a figure of the foot with marks made on it for the strap.
2
This letter, presumably drafted by Gandhiji, was sent by the Chairman,
British Indian Association.
3
Relevant extracts from which were published in Indian Opinion, 18-2-1911
4
Vide “Letter to General Manager, C.S.A.R.”, 12-4-1910

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 219


this. First, the number of Indians in Natal is large, and they have
struck deep roots. Secondly, being rather small, Natal allows itself to
be led by the Transvaal and the Orange Free State where people are
comparatively more hostile to Indians. The new Railway regulations
which have been notified will not be brought into force in the Cape,
but will be in Natal. They are being followed in the Transvaal though,
as we have seen, legally they stand repealed. More will be known from
the reply to the letter1 which Mr. Cachalia has written. In the Orange
Free State, these regulations have been in force for some time past.
Natal, therefore, has a new case, and a strong one at that. The
regulations cannot survive there for a single moment if we protest
against them. We think they are only in the nature of a feeler. If we do
not protest against them vigorously, by and by severer measures will
follow. It is our view that, since these regulations do not yet have the
force of law, we can gofurther than making a petition and challenge
them in a court of law. We trust the Congress2 will immediately take
up the matter.
These regulations should set us thinking. As time passes the
Union Parliament will harden, rather than relent, in its attitude to us.
Our strength, our enthusiasm, our unity and our spirit of patriotism
should grow likewise. In the present circumstances, we have every
chance of succeeding if we exert ourselves sufficiently. This is a
matter to which Natal Indians would do well to pay some attention.
[From Gujarati]
Indian Opinion, 25-2-191l

234. NEW IMMIGRATION BILL3

JOHANNESBURG ,
Wednesday, March 1, 1911

The long-expected Immigration Bill4 has now been received. It


is very complicated and comprehensive. I simply give what suggests
itself to me as the meaning:

1
Vide the preceding item.
2
The Natal Indian Congress
3
Vide the following item.
4
Vide Appendix, “Immigrants’ Restriction Bill”, 4-3-1911.

220 THE COLLECTED WORKS OF MAHATMA GANDHI


(1) The Asiatic Act 2 of 1907 is to be repealed, save in so far as
it protects the rights of minors.
(2) Act 36 of 1908 is not to be repealed.
(3) It seems, but it is not clear, that those who pass the language
test can enter the Transvaal and not be liable to registration. (If this is
so, it will stop passive resistance.)
(4) The wives and minor children of domiciled Asiatics do not
seem to be protected.
(5) The granting of certificates of domicile to Asiatics in Natal
and the Cape is at the discretion of the authorities.
(6) The education test is of so drastic a character that not a
single Indian may be allowed to enter the Union.
(7) No facilities seem to exist for the protection of those who
may be wrongly prohibited by an officer.
Indian Opinion, 4-3-1911

235. JOHANNESBURG
Wednesday [March 1, 1911]
NEW BILL
At last the new Bill has been published. There is no time to give
1

a translation. It is not even possible just yet to comment on it at


length. But I see that it will have the following consequences:
(1) Act No. 2 [of 1907] will be repealed, save in so far as it protects
the rights of Asiatic minors.
(2) The other registration Act [No. 36 of l908] will not be repealed.
(3) Anyone who can write fifty words in a language selected by an
[immigration] officer will be allowed to enter. Indian languages are
included in this, but that does not mean that Indians will be able to
enter in large numbers.
(4) The wives and minor children of domiciled Indians do not seem to
be protected.
(5) The rights of old residents of the Cape and Natal are seriously
endangered.
(6) The granting of domicile certificates to Indians mentioned in (5)

1
Vide Appendix, “Immigrants’ Restriction Bill”, 4-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 221


above will be at the discretion of the authorities.
(7) There seems to be no provision for a right of appeal to a court by
anyone who may be wrongly prohibited.
This seems to be the position. It appears from General Smuts’
speech1 that Indians will enjoy only the rights which they possess at
present in their respective provinces, and that only a limited number
of fresh immigrants will be permitted every year.
If the Bill permits educated Indians to come in as fresh
immigrants without requiring them to register, it will enable the
satyagraha campaign to be withdrawn. Whether or not the Bill bears
any such meaning, it is not possible as yet to say with certainty. But
what will be the position of Natal and the Cape? It is serious enough to
call for a bit of thinking. If the Bill passes into law, educated persons
will not be able to come in as freely as they have been doing, and the
rights of those who are already there will not be protected. Natal and
the Cape need to take immediate steps. I think they should first
correspond with General Smuts and then petition2 the Assembly.
This is a critical time. The Bill does not yet appear to have
received publicity.3 The summary 4 given above, however, is based on
the published text of the Bill.
[From Gujarati]
Indian Opinion, 4-3-1911

236. INTERVIEW TO “THE TRANSVAAL LEADER”5


JOHANNESBURG ,
March 1, 1911

Mr. Gandhi was asked last evening by a press representative for his views on
the [Immigrants’ Restriction] Bill. He said:
The Bill6 is so comprehensive and complicated that I have not

1
Made on February 28, 1911 in the Union Assembly
2
Vide “Natal Petition to Union Assembly”, 9-3-1911
3
It was published in full as a Supplement to Indian Opinion, 4-3-1911.
4
Vide the preceding item.
5
This appeared in Indian Opinion, 11-3-1911, under the caption: “Mr. Gandhi’s
Views”.
6
Vide Appendix, “Immigrants’ Restriction Bill”, 4-3-1911.

222 THE COLLECTED WORKS OF MAHATMA GANDHI


been able to get to the bottom of it. Passive resistance has been
continued simply to secure the repeal of Act 2 of 1907, and the
theoretical legal equality of Asiatics as to immigration into the
Transvaal. The repeal of Asiatic Act 2 of 1907 save as to the rights of
the Asiatic minors meets the first point. I do not quite understand the
operation of the education test. If the Bill is intended to mean that
those who pass the education test imposed by the officer appointed
under the Bill are free to enter the Province of the Transvaal, as I take
it they are to enter the other Provinces, without liability to registration
under Act 36 of 1908—which I see is not to be repealed—passive
resistance will end. And if such is the meaning of the first section,
whilst the position is satisfactory with that meaning, in my humble
opinion such a position should be clearly defined in the Bill. I do not
see any protection for the wives and minor children of those who may
enter the Union under the education test. From the speech of General
Smuts, reported in today’s papers, I gather that any Asiatics allowed to
enter the Union will be free to move about the Union like all other
immigrants so far as their mere residence is concerned,
notwithstanding the existence of Ordinances such as for instance the
Orange Free State Ordinance regarding Asiatics. I shall be asked by
British Indians at the Cape, as also in Natal, many questions with
reference to the meaning of the Bill; and whilst, whatever restrictions
may be placed with reference to Asiatics in these Provinces, the
present passive resistance struggle cannot be prolonged by reason
thereof. I trust the Government will not resent my bringing to their
notice1 the difficulties thatarise in interpreting the Bill. In what manner
are the rights of the present Asiatic residents of these Provinces
secured? Both the Cape and the Natal statutes exempt from their
respective prohibitive clauses domiciled Asiatics. This clause, as well as
the clause of exemption regarding the wives and minor children of
such Asiatics has been omitted from the Bill, and I cannot help feeling
that sub-clause 2 of clause 25 of the Bill renders precarious the
position of Asiatics who may wish to absent themselves from their
respective Provinces. In view of the remark made by General Smuts
that it is not his intention to harry the Asiatics residing in South
Africa, I trust that the Bill will be so amended as to leave their position
as secure as it is to-day. I miss, too, the usual clause in such Bills
affording facilities to immigrants treated as prohibited by an

1
Vide the following item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 223


immigration officer to prove their claim of entry or re-entry, as the
case may be.
The Transvaal Leader, 2-3-1911

237. LETTER TO E. F. C. LANE1


[JOHANNESBURG ,]
March 2, 1911
ERNEST C. L ANE , E SQ.
P RIVATE S ECRETARY TO GENERAL S MUTS
C APE TOWN
DEAR MR. LANE,

I have just read the Immigrants’ Restriction Bill published in the


Government Gazette Extraordinary dated the 25th ultimo. As it
appears to me to be highly complicated, I am not certain of the
meaning to be attached to it; and, as I am most desirous of helping, to
the best of my ability, to end the prolonged Asiatic struggle in the
Transvaal, I venture to submit the following to General Smuts.
Passive resistance has been continued in order to secure repeal
of Act 2 of 1907 and the theoretical legal equality of Asiatics as to
immigration into the Transvaal, in practice reduced to the admission
of a certain number, say six, of highly educated British Indians per
year.
I observe that Act 2 of 1907, save as to the rights of Asiatic
minors, is to be repealed. This, therefore, practically meets the first
point. I do not, however, quite understand the clause as to the
education test, and its effect. As Section 1, besides repealing the laws
referred to in the first schedule, also repeals other laws to the extent to
which they may be repugnant to the provisions of the Bill, it seems to
me that educated Asiatics who pass the test prescribed by the
immigration officers will be able to enter and remain in the Transvaal,
without being liable to take out registration under Act 36 of 1908.
And, if such be the meaning of the first section of the Bill, the
Transvaal struggle can happily end. But I venture to submit that such
meaning should be clearly and unequivocally brought out in the Bill

1
This letter was drafted before the preceding item; vide “Letter to L. W. Ritch”,
2-3-1911

224 THE COLLECTED WORKS OF MAHATMA GANDHI


itself. May I also know under what clause of the Bill the wives of
registered Asiatics are protected?
I am,
Yours faithfully,

From a photostat of the typewritten office copy: S.N. 5222; also


Indian Opinion, 18-3-1911

238. LETTER TO R. GREGOROWSKI


JOHANNESBURG ,
March 2, 1911
1
DEAR MR. GREGOROWSKI ,

The enclosed Bill2 , of a copy of which I seem to be the only


possessor, I must confess baffles me, the more so as I am suspicious of
the intentions of General Smuts. I, therefore, do not trust myself to
give a correct interpretation of it. May I, therefore, fall back upon
you?
The following are my deductions:
(1) Inasmuch as all laws to the extent that they are repugnant
to the provisions of the Bill are to be repealed, an educated
Asiatic passing the education test prescribed by an officer
is a competent immigrant to the Transvaal, without the
necessity of having to submit to the Registration Act No.
36 of 1908 (vide Sections 1 and 4)
(2) It is not competent for the aggrieved party to have the
decision of the officer imposing the education test brought
in review before a Court of Law, no matter how
ridiculously harsh the test imposed may be (vide Section
4).
(3) An Asiatic immigrant admitted under the education test will
be a lawful immigrant even for the Orange Free State, in
spite of its exclusive Asiatic Ordinance (vide Section 1).
(4) A Transvaal Asiatic will not be able to move to Natal or the

1
A lawyer of Johannesburg whose opinion Gandhiji frequently sought on
matters legal and constitutional
2
Immigrants’ Restriction Bill (1911); vide Appendix, “Immigrants’
Restriction Bill”, 4-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 225


Cape, because he will be excluded under Section 4 by
means of a rigid education test, unless such Asiatic
happened to have residential rights in either of those
Provinces.
(5) An Asiatic who has once passed the education test under
the Act cannot be challenged in the different Provinces, as
soon as he shows that he has been once examined.
(6) The present residents in the respective Provinces do not
appear to be in any way protected or exempted from the
operation of the education clause. What is their legal
position?
(7) The wives and minor children of resident Asiatics or such
Asiatics as may enter under the education test are also not
protected specifically by the Bill. What is their status? And,
if they are protected under the common law, does it mean
that the son under the age of twenty-one of a resident
Asiatic can claim entry?
(8) Under the reservation clause in the first schedule following
the repeal of Act 2 of 1907, minor sons of Asiatics
registered in the Transvaal will always be able, if under the
age of 16, to enter the Transvaal, and, on attaining the age
of 16, to demand registration as a matter of right in virtue
of the Chhotabhai judgement.
(9) In virtue of Section 25 Sub-section 2, it seems that every
Asiatic leaving South Africa or the respective Provinces in
which he may be resident can be made a prohibited
immigrant by the Minister declining to give him a
certificate of domicile.
Will you kindly treat this letter as a Brief. I do not think I need
send you the Immigration Statutes of Natal, because, being repealed,
they have no bearing on the question.
Yours faithfully,
M. K. GANDHI

From a photostat of the typewritten original signed by Gandhiji: S.N. 5223

226 THE COLLECTED WORKS OF MAHATMA GANDHI


239. LETTER TO L. W. RITCH
[JOHANNESBURG ,]
March 2, 1911
MY DEAR RITCH,

You have arrived on the scene none too soon,1 and, in the words
of the Times writer, you are immediately “to co-operate with those
advocating on the spot the claims of the British Indians”. You will see
the new Bill there. I enclose herewith my analysis of it in the letter to
Mr. Gregorowski. I enclose also my letter2 to Smuts, and the interview
with the Leader.3 I, at first, wanted to send a letter to Smuts in
accordance with [the] interview, which is really taken from the letter
that was to be sent to Smuts. Cartwright 4 thought that I ought to
publish the letter and make the position clear, but I told him it would
be wise not to do that. He, therefore, published the main contents in
the form of an interview. Subsequently, I changed my mind, and I
thought that to Smuts I should simply write on the struggle, so that, in
the event of future disputes, the issues might not be clouded. While,
from the theoretical standpoint, the Bill is admirable, seeing that it
recognises the equality of Indian languages also with the languages of
Europe, the practical effect of the Bill, so far as the Cape and Natal
Asiatics are concerned, is, in my opinion, disastrous, as you will see
from my analysis. You may just compare the Cape Immigration Act
with the Bill, and you will see the glaring difference. Smuts stated
definitely, as you will see from the Leader report of his speech on
Neser’s5 amendment, enclosed herewith,6 that the way he wishes to
meet Asiatic trading is by stopping Asiatic immigration entirely,
except for a certain number to be agreed upon between the Imperial
Government and the Union Government. This doctrine may be all
very well for the Transvaal, but how can the Cape and Natal Asiatics
agree to a material curtailment of their rights? It will hinder them
1
The addressee actually arrived at Cape Town on March 7, 1911.
2
Vide “Letter to E.F.C. Lane”, 2-3-1911
3
Vide “Interview to The Transvaal Leader”, 1-3-1911
4
Editor, The Transvaal Leader, a friend of Gandhiji and Smuts; sympathetic to
Indians and interested in a reasonable settlement
5
Member of the Union Parliament
6
Not reproduced here

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 227


from getting clerical and other assistance, because semi-educated
young Indians, I think, will hardly be admitted under the education
test. I suggest, therefore, first a deputation to the Minister of
the Interior, from the Cape, with a written submission; his answer
being unsatisfactory, a petition1 to Parliament, and an interview with
the Cape Members who have hitherto been sympathetic, and who have
also been receiving the Indian vote. I think that the Cape Members
will be largely sympathetic. It is highly unlikely that, with reference to
the education test, you will succeed in getting a substantial amendment
of the Bill, but you may get a declaration that the test will be so
applied as to enable Indians to get the necessary number of educated
assistants. But the most important section, on which I think you are
almost bound to succeed, is Section 25. The latter ought to define, as
the present Immigration Laws both of the Cape and Natal do, the
residential rights. The Cape Statute states that domiciled Asiatics and
their wives and minor children are exempt from the prohibitive
clauses, and the Natal Statute, besides containing the general clause as
to domicile, states that, for the purposes of the Act, three years’
residence in Natal will be accepted as a title to domicile; and it ought
not to be at the discretion of the Minister, but obligatory on him, to
issue a certificate of domicile to any Asiatic applicant. I think that in
this respect you will find the Cape Members very sympathetic. When I
was on board, I discussed the Cape Asiatic Act with Sauer, and he told
me that the issue of temporary permits only to Asiatics absenting
themselves from the Cape, instead of permanent certificates of
domicile, was a crying injustice, and he assured me that he knew
nothing about it.2 If these amendments can be secured, I think that the
Immigrants’ Act will be admirable. I think, too, that, in order to put
the community right in so far as it can do so in the eyes of the
European inhabitants, it would be a tactful move to make the
admission that, in view of the unfortunate prejudice that exists, we
cannot claim the right of inter-communication between the Provinces;
but this submission should be modified by the declaration that the
education test to be imposed upon people wanting to pass to and fro
within the Union ought not to be severe.
I have asked West to send you copies of Indian Opinion from

1
Vide Appendix, “Cape Petition to Parliament”, 15-3-1911.
2
Vide “Letter to the Press”, 27-3-1918.

228 THE COLLECTED WORKS OF MAHATMA GANDHI


and after the 18th ultimo. 1 I hope that you have them. From your
letter, I presume that you have not brought Mr. Cohen2 with you. The
publication of the Bill will now keep you there, I take it, for some
time. More later on.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5219

240. TELEGRAM TO ADAM GOOL


JOHANNESBURG ,
March 2, 1911
TO
ADAM GOOL 3
8, KLOOF S TREET
C APE TOWN

MR. RITCH EXPECTED NEXT TUESDAY. PLEASE RECEIVE


WITH DUE HONOUR. IMMIGRATION BILL PUBLISHED. SEE
“GAZETTE EXTRAORDINARY” LAST SATURDAY. BILL BAD
FOR CAPE, NATAL. STRENUOUS OPPOSITION NECESSARY.
AWAIT LETTER. WIRE WHETHER YOU GOT COPY.
GANDHI
From a photostat of the typewritten office copy: S.N. 5220

241. LETTER TO ABDUL HAMID GOOL


[JOHANNESBURG ,]
March 2, 1911
DEAR DR. GOOL 4 ,

Here is something for you which is not merely writing out


prescriptions or probing other people’s physical wounds. Mr. Ritch
arrives on Tuesday. I hope that you will do your best to ensure a
hearty welcome. This, however, is the least part of what I expect from

1
This letter to West is not available.
2
Addressee’s father-in-law
3
Adam Hajee Gool Mahomed, President, Cape British Indian Union
4
One of the Joint Honorary Secretaries of the Cape British Indian Union

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 229


you. You will have, I hope, by the time this reaches you studied the
new Immigration Bill. Whilst it is likely to satisfy the demands of
passive resisters in the Transvaal, it deprives the Cape and the Natal
Indians of a very great deal. I think that, if a proper and sustained
agitation is taken up, we can at least secure a certain measure of
success. The education test is very stiff without any justification. So
far as Natal and the Cape are concerned, no good reason can be
shown for altering the existing conditions. Then, again, the rights of
domiciled Asiatics will be made very insecure, and one does not know
the meaning of the Bill as to the status of the wives and minor children
of lawfully resident Asiatics. All these things are capable of relief and
adjustment. Will you please actively co-operate with Mr. Ritch and do
whatever is possible and necessary? How are you getting on?
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5221

242. LETTER TO H. S. L. POLAK


JOHANNESBURG ,
March 2, 1911
MY DEAR POLAK,

You will see from the enclosed 1 my analysis of the Bill. The
more I consider the Bill, the more certain I feel that the Transvaal
struggle will end. The meaning I give to the first section is, I feel, the
meaning Smuts has intended to give it; but what a terrible thing for
the Cape and Natal. You will see from my letter 2 to Ritch what I
suggest should be done for the Cape. I think the same steps might be
taken, with the necessary change, regarding Natal. I think that the
Natal people should immediately send a representation inquiring
about the meaning of the Bill as to the wives and minor children, as
also as to the rights of domicile. This should be done by wire, draft of
which herewith. After the reply is received, a representation should be
sent to the Minister of the Interior, and, failing a satisfactory reply, a
petition3 to Parliament, which will be presented through Sir David

1
Vide “Letter to R. Gregorowski”, 2-3-1911
2
Vide “Letter to L. W. Ritch”, 2-3-1911
3
Vide “Natal Petition to Union Assembly”, 9-3-1911.

230 THE COLLECTED WORKS OF MAHATMA GANDHI


Hunter1 . Haggar’s 2 calumnies and other misrepresentations made at
the time of the debate opened by Neser should be answered by a
public letter to the Prime Minister,3 a copy of which should be posted
to every Member of the Union Parliament. I hope to draft the letter
for your guidance, and send it to you.
Yours sincerely,
[Enclosure]
DRAFT4
Committee Congress seen Immigration Restriction Bill. Before
submitting its views to Government, Committee respectfully desire
information following points: In absence special protective clause as
in present Act, what are statute rights domicile or residence this
Province for British Indians, and under what section or how are rights
of minor children and wives lawfully resident Asiatics protected?
From a photostat of the typewritten office copy: S.N. 5218

243. TELEGRAM TO PARSEE RUSTOMJEE


[JOHANNESBURG ,]
March 2, 1911
TO
R USTOMJEE
DURBAN
POLAK LEFT INGOGO 5 MAIL TRAIN FOR DURBAN. IN-
FORM HIM LONG LETTER6 SENT YOUR CARE REGARDING

1
Members of Parliament of the Union of South Africa
6
No such letter appears to have been sent. In his speech, as chairman of a
mass meeting of Natal Indians, Dawad Mahomed said that the slanderous statement by
Haggar, that most of them were not Indians at all, but alien Asiatics, had been
‘adequately’ answered by The Natal Mercury.
3
ibid
4
This telegram was sent to General Smuts by the Natal Indian Congress on
March 4. As no reply was received, a further telegram was dispatched on March 6. On
March 7, the Private Secretary to Smuts sent a telegraphic reply: . . . Immigration
Bill does not deal with people, whether white or coloured, domiciled or lawfully
resident in South Africa, but is, as is outlined in the preamble, a Bill to regulate
immigration pure and simple. Asiatic laws regulating rights of those resident lawfully
in the Provinces remain unaltered and are not repealed, except Act 2 of 1907 in the
Transvaal.
5
A town in Natal, 297 miles from Durban
6
Vide the preceding item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 231


BILL WILL REACH SATURDAY. HE SHOULD BE
TOMORROW PHOENIX SATURDAY DURBAN. WILL BE TOWN
TOMORROW.
GANDHI
From a photostat of the typewritten office copy: S.N. 5217

244. TELEGRAM TO PRIVATE SECRETARY


TO GENERAL SMUTS
JOHANNESBURG ,
March 3, 1911
MAY I KNOW WHETHER SECTION ONE IMMIGRANTS RESTRICTION
BILL JUST INTRODUCED CONTEMPLATES ASIATICS
WHO MAY PASS EDUCATION TEST WILL BE ABLE ENTER
TRANSVAAL WITHOUT BEING LIABLE TO TAKE OUT
REGISTRATION UNDER ACT THIRTY-SIX 1908. WROTE
LETTER1 YESTERDAY MORE FULLY BUT IN VIEW BILL
HAVING BEEN READ FIRST TIME 2 REQUEST TELEGRAPHIC
INFORMATION.
GANDHI
From a photostat of the typewritten office copy: S.N. 5224; also
Indian Opinion, 18-3-1911

245. LETTER TO DIRECTOR OF PRISONS3


[JOHANNESBURG ,]
March 3, 1911
SIR,

Mr. Daniel Armugam, who was discharged from Diepkloof Gaol


as a passive resister on the 1st instant, informs my Association that in
the cell occupied by him and his fellow-prisoners, about a fortnight
before his discharge, at one o’clock, when he was half asleep, he
found a snake just crawling on his neck. He naturally got up

1
Vide “Letter to E.F.C. Lane”, 2-3-1911
2
On 2-3-1911
3
This letter, presumably drafted by Gandhiji, was sent over the signature of
A. M. Cachalia.

232 THE COLLECTED WORKS OF MAHATMA GANDHI


somewhat terrified, and succeeded in shaking it off. Fortunately, there
was a light in the cell, and he awakened his neighbour, towards whom
the snake was going. In an instant, all the occupants of the cell were
awake. It appears that one of the prisoners was allowed to enter the
cell with his sandals, and these were used for killing the snake. Mr.
Armugam, as also the other Indian prisoners who were discharged
with him, inform my Association that the cells at Diepkloof are
ill-constructed, and are not proof against reptiles. Some of the passive
resisters further inform my Association that the discovery of a snake
at night-time is not an entirely unusual occurrence in that cell. Within
their experience, a snake was found there some time before also. I,
therefore, respectfully draw your attention to the matter, so that the
cells may be so constructed as to avoid danger of the kind herein
mentioned.1
Indian Opinion, 11-3-1911

246. LETTER TO A. H. WEST


[JOHANNESBURG ,]
March 3, 1911
MY DEAR WEST,

This will be in your hands on Monday. I think that Polak will


perhaps be in Durban. I have just condensed what I thought was
necessary regarding Ritch2 . All the other correspondence from
London I am sending you. When Polak comes there you may show it
to him. He may make what use he likes of it beyond what I have
prepared. For the time being, I shall be almost every day in town, and,
in the event of an unfavourable construction of the first section of the
Bill, I may even have to go to Cape Town. Everything will depend
upon how matters progress. If there is too much pressure on your
space in connection with the Bill, I think it will be better to postpone
publication of the judgments in the Chhotabhai case.3 The Bill places

1
The Director replied, saying that he was inquiring.
2
A report of the meeting held in London to present a testimonial to Ritch
appeared in Indian Opinion of the 11th, 18th and 25th March.
3
Accordingly the judgment was published later serially in Indian Opinion,
22-4-1911 and 29-4-1911. The Gujarati translation was, however, published in March in
four instalments.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 233


the judgments in the background. I send you also leading article 1
from The Star of yesterday, which should be condensed and
reproduced; and, of course, you will get the Press Notices of the Bill
from your exchanges. In the event of the Bill not going through the
Assembly or being materially altered for the worse, we shall want to
make use of the newspaper notices.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5225

247. LETTER TO OLIVE DOKE


JOHANNESBURG ,
March 3, 1911
MY DEAR OLIVE,

I hope you enjoyed your holiday. Father 2 told me you had


arrived and I mentioned the fact to Ramdas also. I shall now see
whether I can send both the boys 3 on Thursday. The journey from
Lawley is an expensive item and the other boys on the Farm too
naturally want an opportunity of learning simple singing. In view of
the publication of the Bill I propose to wait for a week or so. Thank
you all the same for your kind offer.
Pray remember me to mother.
Yours sincerely,
M. K. GANDHI
MISS OLIVE DOKE
11, SUTHERLAND AVENUE
HOSPITAL HILL
JOHANNESBURG

From a photocopy of the original in Gandhiji’s hand: C.W. 4929. Courtesy:


C. M. Doke

1
Reproduced in Indian Opinion, 11-3-1911
2
Rev. J. J. Doke
3
Ramdas and Devdas, for taking lessons in music

234 THE COLLECTED WORKS OF MAHATMA GANDHI


248. HELP FROM THREE WOMEN

In the Transvaal struggle we have received help not only from


prominent men but in equal measure from notable women also.
Readers of Indian Opinion are aware of the help received by Mr.
Polak in India under the leadership of Mrs. Ramabai Ranade and Mrs.
Petit.
And now we have had a Reuter message about a forceful article
of Mrs. Mayo [published] in England.1 We have also received an
advance copy of the article itself and have a clearer idea of its
contents. She writes about the whole of South Africa. As we intend to
publish a translation, we do not wish to say more about the article
here. We shall merely give some particulars of Mrs. Mayo. She is an
old lady of about 60. She is a novelist and journalist, and one of those
selected by the late Tolstoy to translate his works. We can therefore
see why it was that her article caused the stir it did.
Besides Mrs. Mayo, there is Miss Hilda Howsin. The report of
her lecture at the East India Association is worth reading. In this she
discussed the issues involved in matters relating to the Transvaal
problem. Everyone who commented on her lecture admired the
satyagraha struggle and expressed sympathy for the satyagrahis.
About the same time that these two ladies were thus engaged in writing
or speaking, Miss Polak was appointed Secretary of the Committee.
What need is there, then, to feel dispirited, when we have been
thus getting help, whether or no we ask for it, when the struggle has
become well known, and when South African Indians are attracting
world-wide attention and India’s prestige is rising correspondingly?
Seeing that this is the fruit of our struggle having been prolonged, we
should fight on with still greater zeal.
We intend to publish Mrs. Mayo’s article2 and the report of Miss

1
Mrs. John R. Mayo occasionally wrote under the assumed name of Edward
Garrett. The article appeared in the Millgate Monthly.
2
Vide Indian Opinion, April 22, 29, May 6, 13, 20 and 27, 1911 for the
Gujarati translation.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 235


Howsin’s speech1 in subsequent issues.
[From Gujarati]
Indian Opinion, 4-3-1911

249. RAMBHABAI SODHA


The wrangling over Rambhabai’s case still continues. The
Transvaal High Court having confirmed the decision of the
Magistrate,2 an appeal has been filed to a higher court. This being the
first case involving a woman, it will be wise, from a practical point of
view, to take all possible steps to prevent her being lodged in gaol.
That will be no special reflection on our idealism and the appeal may
therefore be welcomed. By filing the appeal, moreover, we secure
ourselves against all blame. We give proof to the world of our
determination not to send women to gaol except as a last resort.
General Smuts can no longer allege that we are intent on sending
them to gaol.
The clay is on the potter’s wheel. We shall see what kind of a
pot it turns out. Meanwhile, we urge Indians, both men and women, to
emulate the example of Rambhabai.
[From Gujarati]
Indian Opinion, 4-3-1911

250. TELEGRAM TO TOLSTOY FARM AND H. KALLENBACH


JOHANNESBURG ,
March 4, 1911
TO
(1) GANDHI
LAWLEY
(2) H. K ALLENBACH
INFORM ALL EXTREMELY SATISFACTORY WIRE FROM

1
Vide Indian Opinion, April 29, May 6, 13, 27, June 3 and 10, 1911.
2
The Magistrate had sentenced her, on January 10, 1911 to a fine of £10 and
one month’s imprisonment. The High Court revised the sentence to one of fine or
imprisonment.

236 THE COLLECTED WORKS OF MAHATMA GANDHI


SMUTS.1 COMING EVENING TWO SORABJEES2 .
GANDHI
From a photostat of the typewritten office copy: S.N. 5233

251. TELEGRAM TO PRIVATE SECRETARY TO


MINISTER OF INTERIOR
JOHANNESBURG ,
March 4, 19113
BEG THANK GENERAL SMUTS FOR WIRE FOURTH INSTANT
AND FOR ASSURANCES CONTAINED THEREIN. 4 COUNSEL
HOWEVER ADVISES UNLESS SPECIAL MENTION MADE BILL
EDUCATED ASIATICS ENTERING UNDER EDUCATION TEST
FREE LIABILITY TRANSVAAL REGISTRATION ACT FREE
STATE ASIATIC ORDINANCE THEY WILL BE PROHIBITED
UNDER THOSE SPECIAL LAWS. COUNSEL ALSO ADVISES
MINOR CHILDREN OUTSIDE TRANSVAAL AND WIVES OF
LAWFUL RESIDENTS NOT PROTECTED UNDER COMMON
LAW. IF GENERAL SMUTS WILL BE PLEASED GIVE ASSURANCE BILL WILL BE
ALTERED REMOVING UNCERTAINTY
WILL GLADLY ADVISE COMMUNITY CEASE PASSIVE
RESISTANCE AND GRATEFULLY ACCEPT BILL.
GANDHI
From a photostat of the typewritten office copy: S.N. 5234
Indian Opinion, 18-9-1911

252. LETTER TO E.F.C. LANE


JOHANNESBURG ,
March 4, 1911
DEAR MR. LANE,

Will you please convey my thanks to General Smuts for the

1
Vide 1st footnote of “Letter to E.F.C.Lane”, 4-3-1911.
2
Presumably, Sorabji Adajania and Sorabjee Rustomjee
3
The photostat has the date 6th; Indian Opinion, however, gives the correct
date, the 4th.
4
Vide the following item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 237


encouraging wire1 just received? I need hardly repeat what I have said
in my letter of the 2nd instant, that it is my sincere desire to help to
bring the struggle to a close. I, therefore, welcome the assurance that
those Asiatics who pass the education test will not be subject to the
Registration Act No. 36 of 1908 of the Transvaal, which is not to be
repealed.
I have naturally not relied, in this very important matter, on my
own unaided interpretation of the Bill. I have now received Counsel’s2
opinion, which advises that my interpretation is totally wrong, and that
Section 1 of the Bill does not protect educated Asiatics from being
subject to Act 36. The opinion before me states emphatically that
Section 7, if nothing else, militates against any such interpretation. I,
therefore, venture to submit that the Bill should be so amended in
Committee as to make the point absolutely clear. I am sure that
General Smuts will agree with me that this time nothing should be left
understood or uncertain so far as the meaning of the Bill and the
intention of the Government are concerned.
The opinion in question also raises a difficulty which I had not
anticipated, namely, that the minor children of registered Asiatics who
are not at present in the Transvaal are not at all protected, in spite of
the judgment in the Chhotabhai case,3 and that neither the wives nor
the minor children will have common law protection in this Bill. I
trust, therefore, that these two points will also be made perfectly clear
during the Committee stage.
On receipt of a satisfactory assurance on the points I have taken
the opportunity of raising in this letter, I shall be prepared to advise
the community in the Transvaal to send a formal acquiescence,4 and
passive resistance will then naturally end. May I also express the hope
that, if the assurance requested is given, those who are now in gaol will
be discharged, and those who have been suffering rightly or wrongly

1
This said: “. . . . Asiatics admitted as immigrants under new Immigration
Bill would not fall under registration laws and would not be restricted to provincial
limits. In order to prevent confusing them with those legally resident in the
Provinces and liable to registration it would be necessary to keep the lists of them,
but as they will belong to the educated class, their signatures taken on admission
ought to be sufficient . . .” Reproduced in Indian Opinion, 18-3-1911.
2
Gregorowski; vide letters to H. S. L. Polak, 4-3-1911 and “Letter to J.J.
Doke”, 8-3-1911.
3
Vide “Chhotabhai Case”, 28-1-1911
4
Vide “Letter to Private Secretary to Minister of Interior”, 10-3-1911

238 THE COLLECTED WORKS OF MAHATMA GANDHI


for conscience’ sake will not be penalised, but that the rights which
every passive resister would have under Act 36 of 1908 will be
respected.
I am,
Yours faithfully,

From a photostat of the typewritten office copy: S.N. 5227; also


Indian Opinion, 18-3-1911

253. LETTER TO L. W. RITCH


JOHANNESBURG ,
March 4, 1911
MR. DEAR RITCH,

I hope you will receive with this my letter 1 of Thursday last,


under separate cover. After that letter was closed, I saw in The Star that
the Bill had already been read a first time. On Friday, I, therefore, sent
the following wire to General Smuts:
May I know whether section one Immigrants’ Restriction Bill just
introduced contemplates Asiatics who may pass education test will be able
enter Transvaal without being liable to take out registration under Act 36,
1908. Wrote letter yesterday more fully but in view Bill having been read first
time request telegraphic information.2

To this his reply3 as per copy enclosed was received today. The
reply seems to be satisfactory in more ways than one. It shows clearly
how your work in London and Polak’s in India have told on the
Imperial and Indian Governments, and the latter’s pressure on the
Union Government. We ought not, however, to be satisfied with the
assurance. We want no loophole left. It will, therefore, be necessary
still to watch the progress of the Bill, so far as the points affecting
passive resisters are concerned. Polak strongly urges that you should
confer with Schreiner4 regarding the points raised by me in my

1
Vide “Letter to L. W. Ritch”, 2-3-1911
2
Vide “Telegram to Private Secretary to General Smuts”, 3-3-1911
3
Vide 1st footnoteof “Letter to E.F.C. Lane”, 4-3-1911.
4
William Philip Schreiner (1857-1919); politician and barrister; High
Commissioner for Union of South Africa in England, 1914; Member of Rhodes’
second Ministry, 1898; twice Attorney-General; Prime Minister of Cape Colony,
1898-1900

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 239


letter 1 to Gregorowski. I agree with him entirely, and it will be ever so
much better if we collect opinions from all sides. I am suggesting to
Polak that he should confer with Laughton 2 also. You will have
noticed that the Bill has been set down for the second reading on
Monday 3 week. All our principal representations, therefore, should be
placed either before the Government or before Parliament before that
time. As it seems that the Transvaal question will not cause any
difficulty, I propose, subject to your approval, to remain here. Polak,
of course, attends to Durban, and you remain there until the Bill is
through. Professor Gokhale cabled yesterday4 as follows:
Wire views new proposals. Arranging here frustrate Natal move. Private.
to which the following reply was sent:
Thanks assurance Natal. Regarding new Bill cable later.
I think we would wait yet awhile before cabling views on the new
Bill. There would naturally be expenses on your side. I hope that the
Cape Indians will provide a fund for conducting the campaign. They
must not expect passive resistance funds to be used for ameliorating
the condition in the Cape Peninsula, nor can we afford to rely upon
promises they may make. If they do not want you to take Schreiner’s
opinion, then, I am afraid, we should drop it. But, if they do, they have
to pay for it.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5231

254. LETTER TO H. S. L. POLAK


JOHANNESBURG ,
March 4, 1911
MY DEAR POLAK,

Copy of my letter to Ritch5 will give you most of the


information I want to give you also. I yesterday sent a packet
containing a lot ofIndian Opinion matter to West directly, 6 as I

1
Of 2-3-l911, “Letter to R.Gregorowski”, 2-3-1911
2
A lawyer of Durban
3
March 13, 1911
4
Actually the cable was received on March 2, 1911.
5
Vide the preceding item.
6
Vide “Letter to A. H. West”, 3-3-1911

240 THE COLLECTED WORKS OF MAHATMA GANDHI


assumed that you would be in Durban on Monday. I purposely
refrained from sending the packet to you because it has no
connection with the new Bill campaign, and I do not want to interfere
with the concentration of your thought upon that. Further newspaper
cuttings on the Bill I am sending you. The Pretoria News1 cutting
should be condensed, as also that from the Daily Mail2 . What I have
said to Ritch about expenses is equally applicable to expenses on your
side. Let that particular business be absolutely clear. If they do not
want to spend anything, we will still fight on in so far as they will take
the advice, but it is impossible to use passive resistance funds for the
purpose.
Yours sincerely,
[PS.]
After I had finished dictating, I received Gregorowski’s
opinion 3 .4 It is dead against the Bill, as you will see. Some points of his
opinion I do not share, but we must accept the opinion as if it were
wholly correct, because the matter is too important to be in any
respect left in a state of uncertainty.
From a photostat of the typewritten office copy: S.N. 5228

255. LETTER TO HARILAL GANDHI


Fagan Sud 5 [March 5, 1911] 5
CHI. HARILAL,

I had your letter when it was least expected. We are all surprised
whenever a letter comes from you. The general expectation is to have
no letter from you.
What you write about Ba is not true. Had she intended to go she
would hardly have been scared by my stipulation. And my condition
also was meaningless. If she had wanted to return she could have
borrowed money from anybody and done so. The fact is that Ba does
1
These were reproduced in Indian Opinion, 11-3-1911.
2
ibid
3
ibid
4
Gregorowski’s opinion not available in full; see however “Letter to E.F.C.
Lane”, 4-3-1911, and “Letter to J. J. Doke”, 7-3-1911.
5
This letter was written before the second reading of Immigrants’
Restriction, Bill, which took place on March 13, 1911. The Fagan Shud 5 prior to it
was March 5, 1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 241


not know her own mind. However I have nothing to say against your
pleading for her.
There is nothing to be ashamed of in your being weak in
mathematics and general literary education. You could have learnt
them had I given you the necessary opportunity. The practical
knowledge boys in India possess is not due to the education they
receive in schools, but is due to the unique Indian way of life. It is due
to the meritorious deeds of our ancestors that we find healthy
standards of behaviour, thrift, etc., around us, in spite of the repeated
inroads of modern education, the immorality that we see among the
people and their growing selfishness. This I am writing to you to give
you courage and ask you to go deeper into the matter and observe
things for yourself. It is not right to attribute the relation of cause and
effect between things after just a superficial glance.
I will not stand in the way of your studies or other ambitions
that you may have, provided there is nothing positively immoral about
them. You may therefore cast off all fear and pursue your studies as
long as you like. I may not like some of your views, but having no
suspicion about your character I do not have any anxiety on your
account.
Sorabjee is sitting by me as I am writing this letter. Shelat also
has come to the Farm.
The Bill has not yet had its second reading.
Blessings from
BAPU

From a copy of the Gujarati original in the possession of the Navajivan Trust:
C.W. 663

256. LETTER TO H. S. L. POLAK


[JOHANNESBURG ,]
March 6, 1911
MY DEAR POLAK,

I have your two letters. I am glad that you rated our friends in
Durban so soundly, as I knew you would. They appreciate it, at least
from you.
A suspected person may, in my opinion, be challenged by an
immigration officer anywhere, even within the border of the Union.

242 THE COLLECTED WORKS OF MAHATMA GANDHI


That being so, why could an educated Indian not be challenged on
entering Natal from the Transvaal? If you say that he could not be
challenged, such an Indian then could not be prohibited from
crossing the Natal border from the Transvaal side, and the provincial
check would break down, in spite of Clause 7 of the Bill. Any such
legislation at present in existence does notprevent the entry of such
persons into Natal. Your argument about Joseph1 entering from Natal
seems to be sound. It seems difficult to believe that the omission of
wives and minor children is deliberate, and, if it is, we ought to be able
to wreck the Bill. I think that we are bound to protest strongly as from
Natal and the Cape against the education test, and we must in this
connection raise the question of inter-communication. If Smuts gives
a public assurance that the education test will be for purposes of
inter-communication, assuming that challenge within the border is
possible, we may waive the objection. Otherwise, it should be persisted
in. The question Anglia2 raises about domicile is not a bad one. In law,
I think that it is not possible for a man to claim a double domicile.
Hitherto, domicile certificates produced by Transvaal residents have
passed muster. I have, however, always feared a legal difficulty in the
matter, and it may well be that those who are registered in the
Transvaal may, in future, be taken to have forfeited their Natal
domicile. Production of a certificate of Natal domicile is proof, at
most, only of domicile to the day of leaving that place but is not proof
that domicile subsists at the time of re-entry. I would suggest that
those of the Transvaal Indians who are registered, but who are anxious
to retain their Natal domicile, and who are in possession of certificates,
should, for the time being, remain in Natal, or, not being there, return
to Natal rather than remain in the Transvaal, because in the Transvaal
the question of domicile cannot be raised, and a man who is found in
Natal at the time of the taking effect of the new Bill cannot be sued.
The same remarks apply to the Indians at the Cape.
I hope to send a leading article on the Bill tomorrow.3 It will be
sent to Phoenix, but a copy will be sent to you in Durban. For further
information I refer you to my letter to Ritch4 herewith.
Yours sincerely,

From a photostat of the typewritten office copy: S. N. 5235

1
Royeppen; vide “Johannesburg Letter”, before 30-5-1908.
2
M. C. Anglia, Joint Honorary Secretary, Natal Indian Congress
3
But he did not. Vide “Letter to H. S. L. Polak”, 13-3-1911
4
Vide “Letter to L. W. Ritch”, 6-3-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 243


257. LETTER TO MAUD POLAK
[JOHANNESBURG ,]
March 6, 1911
MY DEAR MAUD,

The enclosures will tell their own tale. You will have the full text
of the Bill in Indian Opinion1 . I do not envy your having to study the
Bill. However, I suggest your not writing anything at all about the Bill,
unless you hear anything from me by cable. I am not at all certain of
the meaning of the Bill; nobody seems to be; and in the absence of a
certainty all presumption must be against the Bill. When agitation
there becomes necessary, you will have the views emphatically one
way or the other, and you will have objections from me in concrete
form. Till then, you can only give the information to inquirers. I have
refrained from cabling anything to you, because we do not want any
agitation there at the time of writing. I have anxious cable inquiries
from India, but have simply replied 2 that they are to await further
cables. All that we for the time being should say is that no Bill will
satisfy passive resisters, unless two things are unconditionally
granted—repeal of Act 2 of 1907, and the entry of educated Indians
who may pass the education test without liability to any registration
laws. If the Bill clearly means the latter, as it clearly repeals Asiatic
[Act] 2 of 1907, we shall lay down our arms, however bad in other
respects the Bill may be. This does not mean that we cease to worry
the Government here or the Government there with our other troubles,
but we do not take up passive resistance regarding them. For the time
being, we still endeavour to carry on a less active agitation. I do not
call the petitioning agitation constitutional to distinguish it from
passive resistance, because passive resistance is just as constitutional as
simple petitioning. What a happy coincidence it is that Mr. Ritch
should be here just in the nick of time. I think that he himself will
agree that his presence is far more necessary here just now than there.
You may unreservedly express your opinion that with reference to the
Cape and Natal, the Bill is as bad as it possibly can be. There
theoretical equality does not weigh so, because we have it already. The

1
Dated 4-3-1911
2
Vide cable to G. K. Gokhale quoted in “Letter to L. W. Ritch”, 4-3-1911.

244 THE COLLECTED WORKS OF MAHATMA GANDHI


deprivation of practical rights under this Bill, therefore, is a very
serious and tangible grievance requiring redress, and, as you will see,
the Cape and Natal are moving. I only hope that they will move
sufficiently to be able to make an impression on the Government. I
am perfectly at ease, seeing that Messrs Ritch and Polak are on the
respective spots. When I receive the address 1 for Mr. Ritch, I shall
gladly buy an oak frame in accordance with your instructions, send
you a memo of charges, and present the thing to him. This time,
instead of sending £15 for the Committee, I am sending £18. That
ought to enable you to get on without a handicap, and there should be
no difficulty in paying the quarterly charges.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5236

258. TELEGRAM TO “INDIAN OPINION”


JOHANNESBURG ,
March 6, 1911
TO
OPINION
P HOENIX

TRANSLATE BILL 2 THERE NO TIME.


GANDHI

From a handwritten office copy: S.N. 5238

1
Presented in London by Indian and British sympathisers. The address was
reproduced in Indian Opinion, 18-3-1911.
2
The Gujarati translation of the Bill was published in Indian Opinion,
11-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 245


259. LETTER TO L. W. RITCH
[JOHANNESBURG ,]
March 6, 1911
MY DEAR RITCH,

I enclose herewith copy of wire sent to General Smuts today 1 .


No reply has been received to the time of writing. I have received the
following cable from Natesan,
Cable immediately advantages disadvantages new Act. Also advise nature
future agitation here.
And I have simply cabled the reply2 that the Bill is being considered,
and that they will have a reply later.
I have sent Maud this week £25 for Mrs. Ritch, £l7 for Mrs.
Polak, and £18 for the Committee. The last amount ought to prove
sufficient. I telegraphed you today as per copy enclosed.3 Mr. Doke, I
may mention, is in correspondence with Mr. Merriman4 . In the event
of Smuts not yielding as to the amendment of the Bill in order to ma-
ke good the meaning he attaches to it, do you consider that my prese-
nce is at all necessary in Cape Town? If you do, please wire. I do not
wish to undertake the journey, unless it is absolutely necessary. There
should be representations5 from Port Elizabeth and Kimberley, or aut-
hority from them to you or to the League6 to represent in their behalf.
Did you Leave Mr. Cohen with Mrs. Ritch? I hope you will write
from there to Maud whatever you may consider necessary. Enclosed
is copy7 of my letter to her.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5239

1
The source has the date 6th but the wire was sent to Smuts on the 4th; vide
“Telegram to Private Secretary to Minister of Interior”, 4-3-1911.
2
Not available
3
Not available
4
John Xavier Merriman; vide “Deputation’s Voyage [-1]”, after 23-6-1909.
5
No representations seem to have been sent by the Indians of these towns.
However, the British Indian Association of Port Elizabeth and the Indian Political
Association of Kimberley had sent messages of sympathy and support to the British
Indian mass meeting held at Cape Town on March 12, 1911.
6
British India League. There were two rival organisations of Indians in Cape
Town at this time: the British India League and the South African British Indian
Association. Gandhiji and Ritch brought about their amalgamation under the name of
“Cape British Indian Union”.
7
Vide “Letter to Maud Polak”, 6-3-1911

246 THE COLLECTED WORKS OF MAHATMA GANDHI


260. TELEGRAM TO ABDUL CAADIR1
JOHANNESBURG ,
March 7, 1911
TO
ABDUL C AADIR 2
GREY S TREET
DURBAN

HAVE ACCEPTED NOTHING. NOT MY POWER ACCEPT ANYTHING.


HAVE ALREADY ADVISED 3 CAPE, NATAL OFFER STUBBORN OPPOSITION. KNOW
NOTHING ABOUT WHAT “MERCURY” SAYS. IF LEGAL
EQUALITY GRANTED AND ACT 1907 REPEALED PASSIVE. RESISTANCE
TRANSVAAL MUST CEASE. IF YOU OTHER INDIANS NATAL AND CAPE
WILL KINDLY DO YOUR DUTY BILL CAN BE TURNED TO GOOD
ADVANTAGE. FURTHER INFORMATION SEE MR. POLAK.
GANDHI

From a photostat of the typewritten office copy: S.N. 5241

261. LETTER TO J. J. DOKE


[JOHANNESBURG ,]
March 7, 1911
DEAR MR. DOKE,

In accordance with my promise, I reduce to writing the


conditions that appear to me to be essential to stopping passive
resistance. The demands, as you know, are the repeal of Asiatic Act
No. 2 of 1907 and the legal equality of educated Asiatics as to
immigration, reduced in practice to the entry into the Transvaal of at
least six highly educated Asiatics per annum.
The first demand is granted by the Bill, in that the schedule
1
In reply to Abdul Caadir’s telegram of the same date: “Immigration Bill
exterminating act. Surprise[d] you accept today’s Mercury. If you do you ruin whole
community. You run after shadow giving away rights of Natal Cape. Be warned in
time. Don’t blunder again at concluding stage. Reply.” (S.N. 5240)
2
Dr. Abdul Caadir, vide “Circular Regarding Kheda Situation”, 27-3-1918
3
Vide “Telegram to Adam Gool”, p. 417, “Letter to Abdul Hamid Gool”,
2-3-1911 and “Letter to H. S. L. Polak”, 2-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 247


substantially repeals Act 2 of 1907. The second demand also appears
to have been granted. But [it] is the opinion of a well-known barrister1
that the Bill does not make it possible for educated Asiatics to enter
the Transvaal under the education clause of the Bill.2 In his opinion, as
in my own, the existence of the second Registration Act, passed in
1908, blocks the way. It is, therefore, necessary to so amend the Bill as
to exempt educated Asiatics who may enter under the education test
from the operation of the Registration Act.
A new disability seems also to be contemplated by the Bill. The
wives and minor children of non-prohibited immigrants are not
protected3 as they have been hitherto. I can only hope that this is an
oversight.
There should be no difficulty in securing the necessary
amendment, at least so far as the status of educated Asiatics is
concerned, because General Smuts, in a telegram received on Saturday
last,4 in reply to my query 5 says that educated Asiatics are not to be
subjected to the registration laws of either the Transvaal or the Orange
Free State.
If, therefore, the Bill is amended in Committee as to the points I
have raised above, passive resistance can immediately end and the
sufferings of conscientious objectors can be avoided.
I am,
Yours truly,

From a photostat of the typewritten office copy: S.N. 5244

262. LETTER TO H. S. L. POLAK


[ JOHANNESBURG ,]
March 7, 1911
MY DEAR POLAK,

The following is the wire received from Smuts, as I telephoned


to you:

1
R. Gregorowski
2
Vide “Letter to E. F. C. Lane”, 4-3-1911
5
Vide “Telegram to Private Secretary to General Smuts”, 3-3-1911
4
ibid
5
ibid

248 THE COLLECTED WORKS OF MAHATMA GANDHI


7 March. Your letters of 2nd1 and 4th2 March and telegram 4th3 March all
duly received. The legal questions raised by your Counsel are being gone into
by Minister with legal advisers.
Enclosed are copies4 of what I have sent to West directly. If you have
any changes to suggest, you will either send special messenger, or go
over to Phoenix, or do whatever you choose, and if you want to stop
anything from being published you will also advise West. The petition
to the Legislative Assembly herewith with copy.5 A copy thereof has
also gone to Ritch and to West. Your copy, after it is duly signed,
should be sent to Ritch with a covering letter from the officers of the
Congress authorising him to send it to Sir David Hunter or any
member he wishes to, that the petition will be presented only if Ritch
considers it necessary.6 I am not sending anything for the Senate just
yet, because it will be at least a week, if not more, before the Bill goes
to the. . . .7 A petition to the Senate, therefore, may have to be altered.
Herewith copies of telegrams exchanged between Mr. Abdul Caadir
and myself.8
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5246

263. LETTER TO L. W. RITCH


[JOHANNESBURG ,]
March 7, 1911
MY DEAR RITCH,

My letter9 to Polak will give you such information as I have. I


am just now telegraphing10 you authority from the British Indian

1
Vide “Letter to E.F.C. Lane”, 2-3-1911
2
Vide “Letter to E.F.C. Lane”, 4-3-1911.
3
The source has the date 6th; see, however, “Telegram to Private Secretary to
Minister of Interior”, 4-3-1911.
4
Not available
5
Vide “Natal Petition to Union Assembly”, 9-3-1911.
6
The petition dated 9-3-1911 was presented to the Legislative Assembly on
15-3-1911.
7
One word is cut off here.
8
Vide “Telegram to Abdul Caadir”, 7-3-1911.
9
Vide the preceding item.
10
Vide the following item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 249


Association, and a telegram1 is being sent to Smuts also, telling him
that you are acting in connection with the Transvaal matter. Polak has
just telephoned, and you will have a telegram from him also. You will
see what I think is the proper course to adopt regarding the petition
from Natal. We do not want to send the petition, if the points raised
are covered in some shape or form by General Smuts. If he promises
in writing during the Committee stage, no petition need be presented
to Parliament. If I were you, I would even ask General Smuts whether
he considers it advisable or otherwise to present the petition, that is to
say, if he is in a reasonable frame of mind, as he seems to be. His
reply to the Natal wire2 is that the Bill does not affect the rights of
those who are domiciled, and that the Asiatic laws referring to the
rights of those domiciled remain intact. The telegram is satisfactory in
so far as General Smuts appears to be in a receptive mood; but he is
probably labouring under a misapprehension and believes that there
are some Asiatic laws in Natal also regarding their residential rights.
This, of course, is wrong both as to Natal and the Cape. I, therefore,
suggest that, even if Smuts is entirely reasonable, [you] should see the
friends or those whom you consider to be friends in [the] Assembly
and the Senate, and tell them the substance of what is going on, so that
they may be ready, I hope that you will use the wire freely, and let me
know what happens daily. Please send me any cuttings you may see,
and send directly to Polak or to West at Phoenix anything you may
desire for publication.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5248

1
Vide “Telegram to Private Secretary to Minister of Interior”, 8-3-1911.
2
Vide enclosure to “Letter to H. S. L. Polak”, and footnote 1, 2-3-1911.

250 THE COLLECTED WORKS OF MAHATMA GANDHI


264. TELEGRAM TO L. W. RITCH
JOHANNESBURG ,
March 7, 1911
TO
R ITCH
C ARE ADAM GOOL
8, K LOOF S TREET
C APE TOWN
ASSOCIATION REQUESTS AUTHORISES YOU ACT REGARDING IMMIGRA-
TION BILL BEFORE THE UNION PARLIAMENT SO FAR AS THE
TRANSVAAL IS CONCERNED. THIS WIRE SHALL BE YOUR AUTHORITY
FOR INTERVIEWING MINISTERS, OFFICIALS AND MEMBERS OF PARLIA-
MENT.
CACHALIA
CHAIRMAN,
BRITISH INDIAN ASSOCIATION
From a photostat of the typewritten office copy: S.N. 5242

265. TELEGRAM TO PRIVATE SECRETARY TO


MINISTER OF INTERIOR
JOHANNESBURG ,
March 8, 1911

ASSOCIATION HAS APPOINTED MR. L. W. RITCH, BARRISTER-AT-


LAW, SECRETARY, SOUTH AFRICA BRITISH INDIAN COMMITTEE,
LONDON, JUST RETURNED INTERVIEW GENERAL SMUTS AND
REPRESENT TRANSVAAL INDIAN COMMUNITY REGARDING IMMIGRATION
BILL.1
CACHALIA
CHAIRMAN,
BRITISH INDIAN ASSOCIATION

From a photostat of the typewritten office copy: S.N. 5257

1
General Smuts declined to recognize Ritch as representative of the British
Indian Association. Vide “Telegram to L. W. Ritch”, 9-3-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 251


266. TELEGRAM TO L. W. RITCH
JOHANNESBURG ,
March 8, 1911

DO NOT ASK YOUR OWN EXPENSES. THEY WILL BE FOUND HERE.


LET ME KNOW WANTS. CAPE, NATAL SHOULD PAY EXPENSES
COUNSEL’S OPINION SUCH OTHER REGARDING THEMSELVES. HOPE
YOU WILL SEE SCHREINER WITHOUT DELAY. SEEK INTERVIEW
SMUTS REGARDING TRANSVAAL NATAL. YOU SHOULD OFFER
PERSONALLY ASSIST CAPE WITHOUT FUNDS. IF THEY DO NOT
FIND LATTER YOU CANNOT OBTAIN SCHREINER’S OR OTHER
LEGAL OPINION. NO TIME SHOULD BE LOST PLACING YOURSELF
1
TOUCH AUTHORITIES. SMUTS TELEGRAPHED YESTERDAY HE WAS
CONFERRING WITH HIS LEGAL ADVISERS REGARDING LEGAL POINTS
RAISED BY ME. CACHALIA HAS WIRED SMUTS ABOUT YOUR
AUTHORITY.2

GANDHI
From a photostat of the typewritten office copy: S.N. 5249

267. TELEGRAM TO EDITOR, “INDIAN OPINION”


JOHANNESBURG ,
March 8, 1911

DO NOT PUBLISH CORRESPONDENCE WITH SMUTS. 3

GANDHI

From a photostat of the typewritten office copy: S.N. 5252

1
Vide “Letter to J. J. Doke”, 8-3-1911.
2
Vide the preceding item.
3
Publication of this correspondence was accordingly withheld from the issue
of Indian Opinion, 11-3-1911; the correspondence was later published in the issue of
18-3-1911

252 THE COLLECTED WORKS OF MAHATMA GANDHI


268. TELEGRAM TO EDITOR, “INDIAN OPINION”1
JOHANNESBURG ,
March 8, 1911

THINK SECTION DOES NOT CANCEL COLONIAL-BORN INDIAN RIGHT


CAPE NOR DOES IT PROTECT. I IMAGINE SUCH PERSON ENTERING
CAPE BY SEA WILL BE SUBJECT TO EDUCATION TEST. ASK RITCH
ASCERTAIN FROM SMUTS THEIR LEGAL POSITION.

GANDHI

From a photostat of the handwritten office copy: S.N. 5253

269. LETTER TO L. W. RITCH


[JOHANNESBURG ,]
March 8, 1911
MY DEAR RITCH,

The enclosures will speak for themselves. I hope my telegram2


was quite clear to you. We have got to work for the Cape and the Natal
Indians whether they find funds or not, so far as the personal
exertions of the three of us are concerned. The expenses of your stay
in Cape Town will be found from the funds here, so that the only
funds that the Cape people and the people in Natal have to find are
for legal opinion and such other matters. If they do not wish to pay
the cost of the wires that you may be sending them, we need not worry
about this cost. If they will not find the funds, we shall have to work
without Schreiner’s opinion, which might be valuable. Anyhow, we
know how the land lies and, after all, we have to secure if possible the
necessary amendments in order to make the position certain and
remove ambiguity. There is no further information to give you today.
I am waiting anxiously to know what action you have already taken.

1
In reply to Polak’s telegram dated March 7: “Does section 7 take away right
Natal-born Indians going to Cape. . . .” Vide “Letter to H.S.L. Polak”, 8-3-1911.
2
Vide “Telegram to L.W.Ritch”, 8-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 253


From Adam’s1 telegram, I gather that you are staying with him.
Yours sincerely
From a photostat of the typewritten office copy. S.N. 5254

270. LETTER TO J. J. DOKE


[JOHANNESBURG ,]
March 8, 1911
DEAR MR. DOKE,

The following telegram received from General Smuts throws


perhaps a little more light on his mental attitude:
7 March. Your letters of 2nd2 and 4th3 March and telegram 4th4 March all duly
received. The legal questions raised by your Counsel are being gone into by
Minister with legal advisers.
Yours sincerely,
From a photostat of the typewritten office copy: S. N. 5255

271. LETTER TO H. S. L. POLAK


[ JOHANNESBURG ,]
March 8, 1911
MY DEAR POLAK,

I have no progress to report today. I have telegraphed to you 5


my opinion regarding your question. The seventh section of the Bill I
considered very carefully last evening as also this morning. I was
therefore, ready to answer your wire. If it is true that there is to be no
education test under the new Bill within the Union—a contention
which I do not accept in spite of Gregorowski’s opinion—under
Section 7 Indians going from the Transvaal to the Cape or Natal will
be debarred under the education test of the Immigration Laws now to
be repealed, and, if these laws have no potency after the passing of the

1
Adam Gool; vide “Telegram to Adam Gool”, 2-3-1911.
2
Vide “Letter to E. F. C. Lane” , 2-3-1911 & 4-3-1911.
3
The source has the date 6th; see, however, “Telegram to Private Secretary to
Minister of Interior”, 4-3-1911.
4
Vide “Telegram to Editor, Indian Opinion”, 8-3-1911.
5
ibid

254 THE COLLECTED WORKS OF MAHATMA GANDHI


present Bill, and if Gregorowski’s contention is correct, the Transvaal
Indians will be free to enter the Cape or Natal without let or hindrance,
because there is no Asiatic legislation there except for the Chinese. I
do not think that the rights of Colonial-born Indians in Natal are
protected under the seventh section. If the Immigration Law of the
Cape isrepealed, Colonial-born Indians who had not already entered
the Cape will certainly find themselves debarred from the Cape except
under the education test, because they will not have acquired any
rights under the Cape Immigration Law; and the right of domicile
which is left therefore under the Immigration Bill is not a potential
right but a right actually being enjoyed. I do not know whether I have
clearly explained the legal position. I am not sending anything at all
to West today.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5256

272. NATAL PETITION TO UNION ASSEMBLY1


DURBAN,
March 9, 1911
TO
THE HON ’BLE THE S PEAKER AND THE MEMBERS OF THE HON ’BLE
THE LEGISLATIVE ASSEMBLY OF THE UNION OF S OUTH AFRICA IN
P ARLIAMENT ASSEMBLED
CAPE T OWN
THE P ETITION OF DAWAD MAHOMED , D ADA OSMAN AND MAHOMED C ASSIM
ANGLIA, IN THEIR C APACITIES AS C HAIRMAN AND JOINT HONORARY
S ECRETARIES, R ESPECTIVELY, OF THE NATAL INDIAN C ONGRESS

HUMBLY SHEWETH THAT

1. At a public meeting of British Indians, held on the 9th day of


March, 1911, under the auspices of the Natal Indian Congress, your
Petitioners were authorised to petition this Honourable House with
respect to the Bill to consolidate and amend the Laws in force in the
various Provinces of the Union relating to Restrictions upon

1
Drafted by Gandhiji. Vide “Letter to H. S. L. Polak”, 7-3-1911, from which
it is clear that the petition was ready on 7-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 255


Immigration thereto, to provide for the establishment of an Union
Immigration Department and to regulate Immigration into the Union
or any Province thereof, now before it.
2. Your Petitioners consider it unfortunate that the blessings of
Union are not to be enjoyed by His Majesty’s Indian subjects of
South Africa, in that their movements are to remain as heretofore
under Provincial restriction; but your Petitioners have been authorised
by the public meeting aforementioned to state that, in view of the
anti-Asiatic prejudice existing in many parts of the Union, those
represented by yourPetitioners do not desire to raise, for the time
being, any objection to the restriction.
3. Your Petitioners have, however, been asked to bring to the
notice of this Honourable House the following objections to the said
Bill:
(a) Under the existing immigration laws in force in this
Province, the clause dealing with the education test enables
an intending immigrant to submit to the test in a European
language known to him. The present Bill leaves the selection
of the language for purposes of examination in the hands of
the immigration officer, thus making it possible for that
officer to completely prevent the entry of any person or
persons of any class, race, or religion, whether such person
or persons be British subjects or not. In the humble opinion
of your Petitioners, such a prohibition is unwarranted by
previous experience.
(b) Unlike as in the immigration laws of the Province now under
repeal in virtue of Schedule I to the said Bill, the wives and
minor children, absent from the Province, of those who are
now resident or domiciled in the Province of Natal are not
protected.
(c) The rights of those who are at present residing in the
Province of Natal, and those who are temporarily absent but
are domiciled in the Province, do not appear to be protected
as they are in the Provincial Laws already referred to herein.
(d) Sub-section (b) of Section 25 of the Bill gives absolute
discretion to the Minister as to the granting of permits to
lawful residents who may wish to absent themselves
temporarily. Hitherto the right to such permits or certificates

256 THE COLLECTED WORKS OF MAHATMA GANDHI


of domicile, as they have been called, has remained
unquestioned; and, in the humble opinion of your
Petitioners, it will be a great injustice to the resident Indian
population of the Province of Natal if this right is now taken
away.
(e) The said Bill does not appear to give the party who may be
declared a prohibited immigrant by an immigration officer,
or who may be prevented from re-entering the Union or this
particular Province by such officer, any recourse, as under
existing legislation, to the Courts of Law established under
the Union.
4. In conclusion, your Petitioners humbly pray that this
Honourable House will take into consideration the objections urged
herein, and amend the Bill so as to remove those objections, or grant
such other relief as to this Honourable House may seem meet. And
for this act of justice andmercy, your Petitioners shall, as in duty
bound, for ever pray, etc.
(Sd.) DAWAD MAHOMED,
PRESIDENT, NATAL INDIAN CONGRESS
(Sd.) DADA OSMAN,
(Sd.) M. C. A NGLIA,
J OINT HONORARY SECRETARIES,
NATAL INDIAN CONGRESS
Indian Opinion, 18-3-1911

273. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 9, 1911
GENERAL SMUTS TELEGRAPHS DECLINING RECOGNISE YOU
AS REPRESENTATIVE SAYING HE HAS ALWAYS FREELY
RECEIVED AND COMMUNICATED WITH INDIAN COMMUNITY.
REPEATING COPY WIRE GENERAL SMUTS TO YOU.1
GANDHI
From a photostat of the typewritten office copy: S.N. 5260

1
Vide the following item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 257


274. TELEGRAM TO PRIVATE SECRETARY
TO MINISTER OF INTERIOR AND L. W. RITCH
JOHANNESBURG ,
March 9, 1911
TO
(1) PRIVATE SECRETARY
MINISTER I NTERIOR
(2) RITCH
8, KLOOF STREET
CAPE TOWN
REGARDING YOUR TELEGRAM ASSOCIATION AWARE THAT
GENERAL SMUTS HAS FREELY RECEIVED COMMUNICATED
WITH INDIAN COMMUNITY SOUTH AFRICA AND IS
DEEPLY GRATEFUL FOR IT. REASON FOR APPOINTING
MR. RITCH AS DEPUTY IS ONLY BECAUSE HE IS AT
CAPETOWN AND REPRESENTATIVES TRANSVAAL INDIANS ATPRESENT SITUATED
FAR AWAY. MR. RITCH IS HIMSELF
SOUTH AFRICAN OF OVER TWENTY YEARS STANDING
ENJOYS CONFIDENCE INDIAN COMMUNITY AND HAS BEEN
REQUESTED IN ORDER SAVE TIME PERSONALLY TO RE-
PRESENT ASSOCIATION NOT WITH A VIEW TO HINDER
PROGRESS BILL BUT SO FAR AS ASSOCIATION CAN
HELP GOVERNMENT. WOULD FURTHER ADD THAT
MR. RITCH HAS NOT BEEN SPECIALLY SENT FOR FROM
LONDON BUT AS HIS RETURN TO SOUTH AFRICA
SYNCHRONISES WITH APPEARANCE OF BILL HE HAS
BEEN REQUESTED STOP CAPETOWN DURING ITS PROGRESS.
ASSOCIATION THEREFORE RESPECTFULLY TRUSTS GENERAL
SMUTS WILL RECONSIDER HIS DECISION AND RECEIVE
MR. RITCH
BRITISH INDIAN ASSOCIATION

From a photostat of the typewritten office copy: S.N. 5261

258 THE COLLECTED WORKS OF MAHATMA GANDHI


275. LETTER TO L. W. RITCH
[JOHANNESBURG ,]
March 9, 1911
MY DEAR RITCH,

I have your telegram 1 which fills me with hope. Hajee Suliman


Shah Mahomed, the father of the young man whom, you will
remember, we met in London, and who belongs to Taunto School,
writes to me saying that he will render all the help he can. I hope that
you have been receiving all my wires and letters regularly. I am
redirecting three letters received for you today from England.
Yours sincerely,
[PS.]
Herewith copies of telegrams2 just dispatched.
Evidently Oom3 Jan [Smuts]4 fears Bogeyman Ritch.
From a photostat of the typewritten office copy: S.N. 5263

276. LETTER TO H. S. L. POLAK


March 9, 1911
MY DEAR POLAK,

I have just received a telegram from Ritch saying that the Cape
community are united at last.5 God be thanked for it. It is a surprise to
me that they are united at last, and that those who have been hitherto
simply in the habit of using butter will now be using harder
substances.
Will you please remind Mr. Omar that I want the Church Street
property lease? I have used Kallenbach’s lease for getting the loan
from Pretoria. At that time there was a great deal of hurry about it.
Mr. Dada Osman continued to send telegrams after telegrams, and I
did not wait to hear where the original lease that Mr. Omar possesses
1
Which read: “Cape community united at last moving”
2
Vide the two preceding items.
3
Uncle
4
The paper here is damaged.
5
Vide footnote 1 to the preceding item.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 259


was. Now the bond-holders are keeping Kallenbach’s lease. We must,
therefore, give his bond-holders our original. Please, therefore, find
out who has it, whether Mr. Omar or anybody else. I had a chat with
the Solicitors for the Norwich Union Co., who hold the bond over the
lease. I will be in town on Saturday also, though I shall attempt to get
away by the 1.15 train, but it will all depend upon what I hear from
you and Ritch.
Your letters have been redirected to Phoenix. I enclose herewith
letter 1 from Buenos Aires. I do not know the writer at all. We do not
want to publish the whole of the letter, and, as far as I am concerned, I
do not mind if you keep it out entirely, but if you think that there is
anything in it, you may give an extract. I am not at all enamoured
with the idea of Indians [mi]grating to the Argentine.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5264

277. LETTER TO MAGANLAL GANDHI


Phagan Shud 9 [March 9, 1911] 2
CHI. MAGANLAL,

From the serious attention you are giving to the study of Tamil,
I feel certain that you will some day master it.
I send one issue of Saraswati 3 and Thoreau’s biography today.
I have gone through the biographical sketch of Ramdasji4 in the first
issue today. It is very well written. Are you sure that you have sent me
the second issue? Please look up there and send it to me if it is there. I
do not find it here with me. Ask Purshottamdas if he has seen it.
Thoreau’s biography is worth going through. Read it when you have
the time. Mr. West will see it when it is entered in the library. You
may, however, draw his attention to it.
It appears that the struggle will definitely come to an end. There
is, however, little likelihood of my staying there. No one is likely to

1
Not reproduced in Indian Opinion
2
This letter must have been written before Chhaganlal Gandhi’s arrival in
South Africa in July 1911.
3
A Hindi magazine published from Allahabad
4
Saint Ramdas of Maharashtra was a source of inspiration and strength for
the rise of the Martha power in the seventeenth century.

260 THE COLLECTED WORKS OF MAHATMA GANDHI


stay [here at the Tolstoy Farm] after the struggle ends. Mr.
Kallenbach has perhaps spent £600 on buildings alone. I see that the
whole burden will fall on him. To prevent this, I propose to stay on at
the Farm and make good as much of the loss as possible by means of
physical labour. How can I leave Mr. Kallenbach immediately after
the struggle is over? At the same time it is necessary for me to go
there (Phoenix) but I do not see how it will be possible. My struggle
will not be over even when our satyagraha struggle ends. It is as it
should be. That I shall have to stay on at Mr. Kallenbach’s Farm is
something not expected. I shall get plenty of experience even from
that; and who knows, it may be for my good.
As soon as the struggle is over, Mr. Polak will have to be sent to
England. He will take about six months to return. I want him to return
via India. It will be very good if Chhaganlal returns before Mr. Polak
leaves. I think in all probability he will.
I wish you to win over Harilal Thaker.
Please watch Manilal. Does he or can he put in any study?
How is Santok’s health?
I give you a piece of information now which I have withheld. so
far. Ba became nervous when she had a sudden attack of acute pain. I
was busy and could not go to see her a second time. She must have
got angry and when I went to her she burst into tears and made it
appear as if she would die. I felt somewhat awkward, but immediately
recovered myself and said to her with a smile, “Nothing to worry
about if you die. There is plenty of wood. We shall cremate you on
this Farm itself.” At this she also laughed. Half the pain disappeared
with the laugh. Then I decided that very strong remedies were called
for. Earth alone would not do. So I suggested to her that she should
give up vegetables and salt altogether. She should live on wheat and
fruits only. She might take, if she wanted, saltless rice with ghee. She
said, “Even you cannot do it.” I said, “From today I give up salt,
vegetables, etc.” How could she take these things then? The result is
that for the last one month both of us have been taking food without
salt, vegetables and pulses. As for myself, I have no desire for other
food. Ba has it sometimes. Once when she could not restrain herself,
she took a little gavar. Otherwise it appears she has lived on this diet.
There was a miraculous change for the better. The bleeding stopped
immediately. I got the incidental benefit of extra self-control. This is
my argument [as regards the eschewing of salt]: Salt is a powerful

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 261


chemical. Even a little when added to something changes its quality
and taste. Its effect must be to thin the blood. So far as I can think, salt
is bound to have an instant effect on the sick—and mostly adverse at
that. When I first read the writings of Mrs. Wallace and others [on the
subject], they had little effect on me. On this occasion I felt all the
time that it would be fine if the doctor could be kept away.
Thereupon, it occurred to me to note the effect of saltless diet. Even
though Ba may continue her [saltless diet] throughout this month, she
won’t keep it up beyond that. I think of carrying on the experiment
as long as possible.
Blessings from
MOHANDAS
[PS.]
Please share this with Purushottamdas.

From the Gujarati original in Gandhiji’s hand: C.W. 5079 Courtesy:


Radhabehn Choudhri

278. TRANSVAAL PETITION TO UNION ASSEMBLY1


JOHANNESBURG ,
March 10, 1911
TO
THE HON ’BLE THE S PEAKER AND THE MEMBERS OF
THE LEGISLATIVE ASSEMBLY OF THE UNION OF S OUTH AFRICA
CAPE TOWN
THE P ETITION OF AHMED MAHOMED C ACHALIA, IN HIS C APACITY AS
C HAIRMAN OF THE BRITISH INDIAN ASSOCIATION OF THE TRANSVAAL
HUMBLY SHEWETH THAT

l. The Members of the Association have read the Bill published in


Government Gazette Extraordinary dated the 25th February, to
consolidate and amend the Laws in force in the various
Provinces of the Union relating to restrictions upon immigration
thereto, to provide for the establishment of an Union
Immigration Department and to regulate Immigration into the
Union of any Province thereof.

1
A copy of this was sent to Ritch; vide “Letter to L. W. Ritch”, 10-3-1911.

262 THE COLLECTED WORKS OF MAHATMA GANDHI


2. In the humble opinion of the Petitioning Association the
restriction of the residential rights of British Indians at present
residing in the various Provinces of South Africa to the
provincial limits laid down in the Bill is inconsistent with the
Union of the Provinces and unjust to the British Indians of
South Africa. But, in view of the prejudice that exists in South
Africa against the community represented by the Petitioning
Association, it has been decided for the time being to acquiesce
in the restriction above referred to. But the Petitioning
Association ventures to submit to this Honourable House that
the said Bill is ambiguous in several essential particulars which
very materially affect the interests of British Indians residing in
the Transvaal, which particulars are as under:
(a) The Bill, according to its present wording, does not permit
of the residence in the Transvaal of educated Indians who
might pass the education test required under Section 4 of
the said Bill, by reason of the existence of the Asiatic
Registration Act No. 36 of 1908. The Association has been
legally advised that, in the absence of any special mention in
the Bill, such Asiatics will be subject to the provisions of the
said Asiatic Registration Act, and will, therefore, be unable to
enter the Transvaal, or, if they are allowed to do so, they will
be obliged to be registered thereunder. The Petitioning
Association respectfully submits that British Indians who
may pass the education test will be sufficiently identified by
reason of such examination, and that, therefore, the Bill may
be so amended as to leave no uncertainty as to the right of
educated Asiatics passing the education test of entering and
remaining in the Transvaal and other Provinces of the Union
without being subject to the Registration Laws or such other
Laws of the different Provinces.
(b) The Petitioning Association respectfully draws the attention
of this Honourable House to the fact that there seems to be
no provision in the said Bill protecting the wives and minor
children of registered Asiatics, which protection has been
hitherto enjoyed by them owing to the existence of Act 15
of 1907, Transvaal, together with the Registration Act. Act
15 of 1907 of the Transvaal is to be repealed by the said
Bill.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 263


3. In conclusion, the Petitioning Association prays that this
Honourable House will take into consideration the submission
made herein, and amend the Bill in the desired direction, or
grant such other relief as to this Honourable House may seem
meet. And for this act of justice and mercy, your Petitioner shall,
as in duty bound, for ever pray.
CHAIRMAN,
BRITISH INDIAN ASSOCIATION

From a photostat of the typewritten office copy: S.N. 5273, also reproduced in
part in Indian Opinion, 18-3-1911

279. LETTER TO BUDREA


March 10, 1911
1
MY DEAR BUDREA ,

I have done nothing about Shankersing. The number will be


found in the Union Gazette. You will get all the information from Mr.
Polak or anybody connected with Indian Opinion. I think that you
will be able soon to return to Johannesburg, but for the present you
ought not to think of it. The struggle is not yet closed.
Yours sincerely,
From the typewritten office copy: S.N. 5266

280. LETTER TO PRIVATE SECRETARY TO


MINISTER OF INTERIOR2
[JOHANNESBURG ,]
March 10, 1911
SIR,

I have the honour to acknowledge the receipt of your telegram


in reply to mine of the 9th instant 3 , informing my Association that

1
A client who had given a general power of attorney to Gandhiji
2
This letter, presumably drafted by Gandhiji, was sent by the Chairman,
British Indian Association, and reproduced in Indian Opinion, 18-3-1911, as a part of
the Gandhi-Smuts correspondence.
3
Vide “Telegram to Private Secretary to Minister of Interior and L. W. Ritch”,
9-3-1911

264 THE COLLECTED WORKS OF MAHATMA GANDHI


General Smuts is not prepared to depart from his decision not to
recognize Mr. Ritch, as he feels that there is no necessity to bring into
the matter at this stage one who is an entire stranger to him, and that
the leaders of the Indian community may rely that their represen-
tations already received from Mr. Gandhi and any further suggestions
that they may put forward will receive the fullest consideration of the
Government, and that it is entirely unnecessary for anybody to come
to Cape Town to emphasise the points put forward. My Association is
grateful for the assurance contained in the telegram, and, in accor-
dance with General Smuts’ desire, no representative will be sent from
Johannesburg.
It is but right for my Association to state that Mr. Ritch having
been intimately connected with the controversy for a long time,
having made an exhaustive study of the subject, and having lived in
Johannesburg for many years, is a gentleman pre-eminently qualified
to make representations to the Government. He enjoys the fullest
confidence of the community, and it was felt that much might be done
towards ending the struggle by personal interviews. Hence it was that
Mr. Ritch was deputed to wait upon General Smuts if necessary. My
Association trusts that the Bill will be so amended that it will be found
in the end that the deputing of Mr. Ritch was unnecessary.
My Association has read the correspondence between General
Smuts and Mr. Gandhi; and I am desired to endorse Mr. Gandhi’s
submission1 to General Smuts, namely, that passive resistance will end
on the Bill being amended during the Committee stage so as to exe-
mpt educated Asiatics who may be admitted under the immigration
test from the operation of the registration laws in the different prov-
inces, especially Act 36 of 1908 of the Transvaal, and unequivocally
to provide for the protection of the wives and minor children of
Asiatics registered or entitled to be registered in the Transvaal or to
remain in this Province by reason of the education test, whether such
wives and minors are within the Transvaal or without.
My Association trusts that, if the struggle, which has been so
prolonged, happily ends, those who are now undergoing
imprisonment as passive resisters will be discharged, and that those

1
Vide “Letter to E. F. C. Lane”, 4-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 265


who have suffered for conscience sake will not be penalised, but that
the rights which they would have under Act 36 of 1908 will be
respected.
I have the honour to be,
Sir,
Your obedient servant,
C HAIRMAN ,
BRITISH INDIAN ASSOCIATION

From a photostat of the type written office copy: S.N. 5267

281. LETTER TO H. S. L. POLAK


[JOHANNESBURG ,]
Match 10, 1911
MY DEAR POLAK,

I do not think that there need be any worry about police officer.
If the Regulations provide for Kaffir Police, we can fight the
Regulations. Even in attacking the details of the Bill, I think we should
be very careful not to trouble ourselves with what may be remedied by
Regulation. Yes, your reading of the second Section is, in my opinion,
correct, but Gregorowski thinks that the seventh Section overrides that
construction, and he may be right. You are quite right, the Transvaal
right cannot be taken away because of registration, but the Natal right
of domicile—a highly legal term—may be annulled by transference.
But I quite agree with you that it is not a question to be raised just
now. Your letter1 to the Natal Witness I consider magnificent. I do not
think the Government of India ever gave thought to the many things
you mention in your letter, but it is intrinsically so good and
convincing that it should be reproduced in the columns of Indian
Opinion. I, therefore, return it to you, in case you have not a copy.
Sincerely yours,

From a photostat of the typewritten office copy: S.N. 5271

1
The letter was reproduced in Indian Opinion, 18-3-1911.

266 THE COLLECTED WORKS OF MAHATMA GANDHI


282. LETTER TO L. W. RITCH
[ JOHANNESBURG ,]
March 10, 1911
MY DEAR RITCH,

I enclose herewith petition1 to be presented to Parliament and


copy of the letter 2 addressed to General Smuts. The petition, if you
think that it should be presented—and I think it should be unless there
is any special reason to the contrary—might be presented by Sir Percy
Fitzpatrick, Farrar, Drummond Chaplin or Emile Nathan, and, if none
of these Transvaal Members will accept it for representation, which I
can hardly conceive, it might be handed through Theo. Schreiner or
Alexander or whoever else you may think proper. 3 I hope that you
will send full telegrams as to what happens at the second reading as
also during the Committee stage. I assume that you will attend the
House at the time of the second reading of the Bill. There is nothing
else.
Yours sincerely,
[Enclosure]4
From a photostat of the typewritten office copy: S.N. 5272

283. TELEGRAM TO L. W. RITCH


[JOHANNESBURG ,]
March 10, 1911
SMUTS TELEGRAPHS5 5 HE DOES NOT WISH AT THIS STAGE
SEE YOU ENTIRE STRANGER BUT REPRESENTATIONS ARE
RECEIVING CAREFUL CONSIDERATION. FURTHER REPRESENTA-
TIONS WILL BE TREATED LIKEWISE AND ADDS NOBODY SHOULD
COME FROM HERE EITHER. THEREFORE NO USE MY COMING.
SUGGEST YOUR SEEING EVERY MEMBER YOU CAN. MAKE
REPRESENTATIONS ON BEHALF PEOPLE THERE THEIR

1
Vide “Transvaal Petition to Union Assembly”, 10-3-1911.
2
Vide “Letter to Private Secretary to Minister of Interior”, 10-3-1911.
3
The petition was presented on March 15 by Patrick Duncan.
4
ibid
5
Ibid

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 267


CHAIRMAN SIGNING THEM. HAVE YOU SEEN ANYONE
YET.
GANDHI
From a photostat of the typewritten office copy: S.N. 5274

284. RITCH’S ARRIVAL


Mr. Ritch has returned from England, and has immediately
plunged into work. His arrival at this juncture is quite timely. Such a
man is needed at present not so much in England as here. His work in
England can be attended to by Miss Polak.
The community owes it to Mr. Ritch to give him all help and
encouragement. He will start practice shortly. If the community helps
him, he will earn enough for a living. Everybody should remember
that Mr. Ritch is a poor man.
[From Gujarati]
Indian Opinion, 11-3-1911

285. TELEGRAM TO MEMBERS OF PARLIAMENT1


[JOHANNESBURG ,]
March 11, 1911

MY ASSOCIATION VENTURES DRAW YOUR ATTENTION IMMI-


GRATION BILL TO BE READ SECOND TIME MONDAY 2 . AC-
CORDING LEGAL ADVICE RECEIVED BY ASSOCIATION BILL
DOES NOT EXEMPT EDUCATED ASIATICS WHO MAY PASS
EDUCATION TEST PROM OPERATION ASIATIC REGISTRATION
ACTS AND IT DOES NOT PROTECT MINOR CHILDREN WIVES
REGISTERED ASIATICS OR ASIATICS WHO MAY ENTER UNDER
EDUCATION TEST. TRUST BILL WILL BE SO AMENDED AS TO
COVER OBJECTIONS WHEN IT WILL HAPPILY END PAINFUL
STRUGGLE WHICH HAS MEANT OVER THREE THOUSAND
IMPRISONMENTS AND CAUSED RUIN MANY ASIATIC HOMES.
ASSOCIATION OFFERS NO COMMENT ON BEARING BILL

1
This telegram was sent to Members of Parliament at Cape Town and also to
Ritch. Vide the following item.
2
March 13, 1911

268 THE COLLECTED WORKS OF MAHATMA GANDHI


NATAL CAPE POSITION.
C ACHALIA
C HAIRMAN
BRITISH INDIAN ASSOCIATION

From a photostat of the typewritten office copy: S.N. 5276; also


Indian Opinion, 18-3-1911

286. TELEGRAM TO L. W. RITCH


[JOHANNESBURG ,]
March 11, 1911

HAVE SENT WIRES1 FOLLOWING QUINN, WYNDHAM, T.


SCHREINER, JAGGER, W. SCHREINER, CHAPLIN, DUNCAN,
FITZPATRICK, FARRAR, NATHAN, ALEXANDER.
GANDHI

From a photostat of the typewritten office copy: S.N. 5275

287. TELEGRAM TO NAIDOO


[JOHANNESBURG ,]
March 11, 1911

FOLLOW MR. RITCH’S ADVICE MEETING. YOU SHOULD


PROTEST AGAINST IMMIGRATION BILL REGARDING SEVERITY
EDUCATION TEST, UNCERTAINTY RIGHTS OF DOMICILE AND
RIGHT OF WIVES AND CHILDREN, DISCRETIONARY POWER
BEING GIVEN AS TO ISSUE OF CERTIFICATES DOMICILE.
AUTHORISE MR. RITCH REPRESENT YOU. LOSE NO TIME.
BIAS

From a photostat of the handwritten office copy: S.N. 5278

1
Vide the preceding item.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 269


288. CABLE TO NATESAN, GOKHALE AND
S.A.B.I. COMMITTEE
[JOHANNESBURG ,]
March 11, 1911
1. NATESAN , M ADRAS
2. GOKHALE, C ALCUTTA
3. DEPURITION 1 , L ONDON

PRINCIPLE NEW BILL SATISFACTORY BECAUSE IT RECOGNISES


LEGAL EQUALITY. IT WILL END PASSIVE RESISTANCE IF IS AMENDED TO
EXEMPT EDUCATED INDIANS FROM OPERATION REGISTRATION ACT AND
TO PROTECT MINOR CHILDREN WIVES OF LAWFUL RESIDENTS
WHETHER FORMER AT PRESENT OUTSIDE TRANSVAAL OR INSIDE. ITS
EFFECT NATAL AND CAPE ADVERSE, CURTAILS RIGHTS OF LAWFUL RESI-
DENTS, DEPRIVES THEM RIGHT BRING WIVES MINOR CHILDREN. WHILE
NO OBJECTION TO SEVERE EDUCATION TEST FOR TRANSVAAL, CAPE
NATAL INDIANS LEGITIMATELY OBJECT SEVERE TEST BEING APPLIED
THERE. ITS EFFECT IS SECURE VIRTUAL EXCLUSION ASIATICS. CAPE
NATAL MUCH AGGRIEVED. SUCH EXCLUSION PREVENTS MERCHANTS
BRINGING CLERKS ASSISTANTS WHO HITHERTO CAME UNDER
EDUCATION TEST. REPRESENTATIONS HAVE BEEN MADE GOVERNMENT
UNION PARLIAMENT ABOUT EVERYTHING. PROBABLE NECESSARY AM-
ENDMENTS WILL BE MADE. GENERAL SMUTS STATES IMPERIAL
GOVERNMENT ALREADY ACCEPTED BILL PRESENT FORM. IF PRINCIPLE OF
BILL ONLY ACCEPTED NO HARM DONE. IMPERIAL INDIAN GOVERNMENTS
CANNOT ACCEPT BILL IN DETAIL AND NOT DO INJUSTICE IF THEY DO NOT
FIRST SEE INDIAN OBJECTIONS SECOND READING MONDAY. SUGGEST
FOR PRESENT MAKING REPRESENTATIONS AUTHORITIES URGING
CONSIDERATION OUR OBJECTIONS BEFORE BILL BECOMES
LAW.

From a photostat of the typewritten draft with corrections in Gandhiji’s hand:


S.N. 5279

1
This was the telegraphic address of the Transvaal Indian Deputation
consisting of Gandhiji and H. O. Ally during their stay in London in 1906. It is
presumed that this address continued to be used by the South Africa British Indian
Committee, London. Vide “A Retrospect”, 29-12-1906 and “Letter to Maud Polak”,
13-3-1911.

270 THE COLLECTED WORKS OF MAHATMA GANDHI


289. LETTER TO L. W. RITCH
[JOHANNESBURG ,]
March 11, 1911
MY DEAR RITCH,

I have your telegram, as also your letter. You will have received
copy of the telegram 1 sent to certain Members. I could not quite
understand your meaning, but I interpreted your wire to mean that
wires should be sent on behalf of the Association, giving the views on
the Bill to the Transvaal Members who have at all interested
themselves in the matter. You will see among the names three2 which
are not Transvaal. I thought that these three Members were specially
entitled to the wire. The views are also represented in the Petition 3 ,
which I hope you will circulate to the Press also. There is a wire from
Cape Town in the Daily Mail to the effect that General Smuts has
placed on the Table printed correspondence between the Imperial
Government and the Union Government regarding the Bill. I hope
you will be able to get a copy of it and send it.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5280

290. LETTER TO MAUD POLAK


[JOHANNESBURG ,]
March 13, 1911
MY DEAR MAUD,

A long cable 4 was sent to you on Saturday. I hope that you


thoroughly understood it. The cable was not sent without a great deal
of hesitation. The Bill having been published, I am rather sanguine of
the necessary amendments being made. Yet, in order that it might not
become law immediately after it is read a third time in Parliament, I
sent the cable, so that you could consult Lord Ampthill and Sir
Muncherjee, and at least warn the Imperial Government. Similar

1
Vide “Telegram to Members of Parliament”, 11-3-1911.
2
Alexander, T. L. Schreiner, and W. P. Schreiner
3
Vide “Transvaal Petition to Union Assembly”, 10-3-1911.
4
Vide “Cable to Natesan, Gokhale and S.A.B.I. Committee”, 11-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 271


cables 1 have been sent to Bombay and Madras.
I suppose you know the procedure with reference to a Bill. It is
formally read a first time; a full debate takes place on the second
reading, and, unless there is opposition to the principle of the Bill, the
second reading is carried. Then it is read in Committee, at which stage
amendments are made. Then comes the third reading. After that it
goes to the Senate, and, if the Senate approves of it, it is submitted to
the Governor-General for the Royal Assent. If the Bill does not
contain a reservatory clause, it becomes the law of the land
immediately. The reservatory clause is inserted when there is any
racial differentiation. As there is none in this Bill, there is no
reservatory clause at all. It may, therefore, come into force
immediately, unless the Governor-General is advised by the Imperial
Government not to give his sanction without first submitting the Bill to
them. The last recourse left open to objectors is to secure a veto, even
though the Bill may come into operation, because a clause in the
Royal instructions provides that any Bill, although it may have the
force of law, may be vetoed within two years of its promulgation by
the King-in-Council.
I expect that the Bill will have been passed through the Lower
House by the time this letter reaches you, but it may not have gone to
the Senate, or at least it may not have received the Governor-General’s
sanction. You will have further cables as to the progress of the Bill. I
am anxious to make the following position quite clear to you. Passive
Resistance has been continued for securing repeal of Act 2 of 1907,
and to secure legal equality as to the immigration of highly-educated
Asiatics. In the cablegram, however, you have been told that, if the Bill
does not protect minors and the wives of lawful residents, it may not
end passive resistance. It might be said that this is a new point raised
by us. I hope, however, that any such misconception you will be able
to remove. Wives and minor children are under the existing legislation
fully protected—you will notice that from Mr. Gregorowski’s
opinion 2 —but the new Bill seeks to deprive us of that right, and
passive resisters can hardly be expected to bargain away the rights of
parents, specially such inherent rights as those of taking their wives

1
Vide “Cable to Natesan, Gokhale and S.A.B.I. Committee”, 11-3-1911.
2
Available in part; vide “Letter to E. F. C. Lane”, 4-3-1911.

272 THE COLLECTED WORKS OF MAHATMA GANDHI


and children with them, against a grant of legal equality. I do not
think that there will be any difficulty about getting the necessary
amendment carried here, but, supposing that the difficulty does arise
and General Smuts again talks of new points being raised by me, you
will know how to deal with it. It is General Smuts who is raising a new
point, if he is raising it at all. I give him the credit of not raising any
contentious issues, by supposing that the matter has only been
overlooked by his draughtsmen, and that he will rectify the difficulty
at the Committee stage. As to the Cape and Natal, whether the position
there is ameliorated or not, the present passive resistance will stop, if
the Bill is amended, so far as the Transvaal is concerned, in the
manner suggested by me. You will carefully go through the Petition1
to the House of Parliament here, and all the other documents. I am
asking2 Mr. Ritch to write to you from Cape Town, so that the
information I am giving you will be brought up to date by Mr. Ritch.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5281

291. LETTER TO L. W. RITCH


[JOHANNESBURG ,]
March 13, 1911
MY DEAR RITCH,

I have your letter. I suppose the handwriting is Harold’s3 . I


congratulate him and you also. He is copying your style. Are you at
the Hotel whose paper you have used? I hope that you have been
receiving my letters daily and regularly. I quite agree with you that we
should not accept dictation from Smuts as to who should be the
representative, and I am glad that he has sent the telegram saying no
one should proceed from here either.4 Your letter to the Cape Argus is
none too strong. I hope that Schreiner will assist materially in this
matter. I expect much from the Cape Press. They should put up a
strong fight on behalf of the Cape Indians. From the Cape Argus
1
Vide “Transvaal Petition to Union Assembly” 10-3-1911.
2
Vide “Letter to L. W. Ritch”, 18-3-1911.
3
Rich’s son
4
Vide “Letter to Private Secretary to Minister of Interior”, 10-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 273


leader, it would appear that the Bill will undergo considerable
modifications, as it ought to, in the shape of curtailing the
discretionary powers of the Administration. I am sending you cheque
for £10, which you should have no difficulty in getting cashed by
Silberbauer, if nowhere else. I enclose herewith copy of Laughton’s
opinion 1 . You have got my deductions.2
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5282

292. LETTER TO H. S. L. POLAK


[JOHANNESBURG ,]
March 13, 1911
MY DEAR POLAK,

Whether you send money from your side to Ritch or not, I have
sent £10 from here. I enclose herewith cuttings received from Ritch,
thinking you may not have seen them or some of them. The
Colonial-born Indians’ attitude I can understand. It is largely due to
their ignorance which in its turn owes its existence to their indifferen-
ce and laziness. They have not followed the struggle, and they will not
study the laws affecting Indians. You can see the grossest ignorance
betrayed in the African Chronicle leading article, which I undertook to
read after your warning. It is not only ignorant, but it is mischievous.
The writer has not even taken the trouble of reading the Law, and
quotes words as belonging to a Section which do not occur in it.
However, we can only disabuse their minds of misunderstandings to
the best of our ability. What I think you may safely promise, and what
I think we may have to do, is that, immediately the matter is settled
and the Bill is on the Statute Book, we will have to present our Bill of
Rights throughout the Union, and work away for it, leaving me out of
account,3 of which a little later.
You will not forget the reminder for Mr. Omar.4 It is necessary
to have the lease as early as possible. I have not written any leading
matter yet in connection with the Bill. I do not want to write anything
1
Not available
2
Vide “Letter to R. Gregorowski”, 2-3-1911.
3
Perhaps because Gandhiji was thinking of leaving South Africa to settle in
India immediately after the Bill became law.
4
Vide “Letter to H. S. L Polak”, 9-3-1911.

274 THE COLLECTED WORKS OF MAHATMA GANDHI


until I have seen the Debate on the Second Reading.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5283

293. LETTER TO L. W. RITCH


[JOHANNESBURG ,]
March 14, 1911
MY DEAR RITCH,

The Debate1 seems to have gone not badly. Your coaching of


Alexander2 proved very effective. Let us hope that we shall have the
necessary amendments. I thought I would have a telegram giving your
own impression of the Debate. The report received here is by no
means exhaustive. I hope that the petitions3 were presented yesterday4 .
Have I asked you to get from Silberbauer Team’s certificate and all
the other certificates that were sent to him in connection with the cases
of the deportees? If not, please get them. I am publishing the
correspondence5 , as also a leader regarding yourself.6 If you think that
this is inadvisable, please telegraph Phoenix directly. This will be in
your hands early on Friday morning, and if your telegram goes
before 10 o’clock to Phoenix, the matter can be kept out. But I think
that it should go in. We will have, in the event of the amendments not
being made, to go further, and use the incident against General Smuts.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5285

1
On the second reading of the Bill, which began on 13-3-1911
2
After Smuts’ speech on the second reading of the Bill, Advocate Alexander
fervently spoke in favour of the Asiatic demands. Gandhiji himself had sent a
telegram to Alexander; vide “Telegram to Members of Parliament”, 11-3-1911.
3
Vide “Natal Petition to Union Assembly”, 9-3-1911 and “Transvaal Petition
to Union Assembly”, 10-3-1911.
4
According to a Reuter telegram published in the Gujarati Section of Indian
Opinion, 18-3-1911, the petitions of the Cape, Natal and Transvaal Indians were
presented to Parliament on 15-3-1911.
5
Between Gandhiji and the Minister of Interior; vide Indian Opinion,
18-3-1911.
6
Vide “Little-mindedness”, Indian Opinion, 18-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 275


294. LETTER TO “RAND DAILY MAIL”1
JOHANNESBURG ,
March 15, 19112
SIR,

There is only one thing in your leading article of today’s date


on which you will, perhaps, permit me to say a few words. So far as I
can voice my countrymen’s aspirations, there is no question now, and
there was none before, of quietly accepting the existing position
governing British Indians in the different Provinces. All that the
present Bill can do, so far as the Transvaal is concerned, is to stop
passive resistance, and that, too, if it is amended so as to make it clear
that the rights at present enjoyed by the minor children and wives of
domiciled Asiatics, whether they be at present inside the Transvaal or
outside the Province, are not to be taken away by it, and that those few
highly educated Asiatics who will enter under the education test will
be able to reside in any part of the Union without being subject to
Provincial registration laws. Apart from passive resistance, Indians
have never ceased, nor have, for that matter, the Imperial and Indian
Governments, to press for repeal of legislation which prohibits their
holding landed property, interferes with their freedom of movement,
etc. I am quite sure that the Cape and the Natal Indians will certainly
never submit to legislation restrictive of the rights at present enjoyed
by them, without making a desperate effort to avoid such a calamity.
In an age which we fondly believe is an age of progress, there can be
no such thing as finality, and my countrymen would be less than
human, if they did not make a serious endeavour to deserve, at the
hands of the European residents in the Union, better treatment than
they have hitherto received. The education test in the present Bill is
not a fraud, unless you are prepared to give that name to the whole of
the British Constitution. The adoption by General Smuts of the policy
enunciated by Lord Crewe is a recognition by him of the idea of
equality. The administration of the measure will be undoubtedly

1
This was reproduced in Indian Opinion, 25-3-1911, along with an extract
from the leading article.
2
The source bears the date March 16. But vide “Letter to L W. Ritch”,
15-3-1911

276 THE COLLECTED WORKS OF MAHATMA GANDHI


unequal. There is no secret about it. Administrative inequality will be
a concession to the prevalent prejudice in South Africa and to human
weakness. Self-respecting Asiatics are bound to make an honest
attempt to remove the prejudice, first, by removing the causes that
have led to the rise of any such prejudice and, secondly, by showing
that largely it is based on ignorance.
I am, etc.,
From a photostat of the typewritten office copy: S. N. 5303

295. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 15, 1911
WIRE YOUR IMPRESSION DEBATE WHEN COMMITTEE STAGE.

M. K. GANDHI
From a photostat of the handwritten office copy: S.N. 5292

296. LETTER TO L. W. RITCH


[JOHANNESBURG ,]
March 15, 1911
MY DEAR RITCH,

There has been no letter from you since Monday, and no


telegram. I take it that you have been too busy lobbying. I enclose
herewith my reply1 to a leading article appearing in today’s issue of
the Mail. The article itself I shall send you tomorrow. I thought it was
necessary to deal with it. I felt like doing it when the Mail first wrote
in the same strain, but Sorabjee was very nervous about it, and so I
thought I would yield. I trust that you will send me, from time to time,
wires as to any amendments that may be moved, and their progress.
We cannot tolerate any uncertainty regarding the wives and minor
children. If you have not already sent me copy of the correspondence
between the Imperial and the Union Governments, please do so now. I
had expected a copy today from you.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5290

1
Vide “Letter to Rand Daily Mail”, 15-3-1911

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 277


297. LETTER TO H. S. L. POLAK
[JOHANNESBURG ,]
March 15, 1911
MY DEAR POLAK,

The Rand Daily Mail article referred to in the letter to Ritch1 has
been sent to West, and also the cartoon 2 . Up to the time of writing
there is no wire from Cape Town. I hope our friends there will have
collected a fair sum by the time this reaches you. The first thing
necessary even for passive resistance in its initial stages will be funds.
Yours sincerely,
From a photostat of the handwritten office copy: S.N. 5292b

298. LETTER TO “PRETORIA NEWS”


JOHANNESBURG ,
March 16, 1911
SIR,

Certain inaccuracies in the interview with me which you have


published have led, I see, to a great deal of misunderstanding in Natal,
and the interview is being used much to the detriment of the cause I
have at heart. Inaccuracies are inevitable in an interview, unless it is
revised by the interviewed, especially when such an interview takes
place, as this one did, over the telephone. I hope, therefore, that you
will permit me to remove through your columns the misunderstanding
created by the interview in question.
This is my position: If the new Bill admits Asiatics who pass the
education test into the Union without their being subject to Asiatic
Registration Laws, and if it does not take away, as it is apprehended its
present wording does, the rights of wives and minor children of those
registered or entitled to be registered to enter the Transvaal, passive
resistance must cease; and to that extent I consider the Bill to be
satisfactory. However intensely I may dislike the provisions of the Bill
regarding the Asiatics at the Cape and in Natal, passive resistance
1
Vide the preceding item.
2
Not available

278 THE COLLECTED WORKS OF MAHATMA GANDHI


cannot be continued by the Transvaal Asiatics in respect of the
disabilities proposed to be imposed upon my countrymen in these two
Provinces. So that my satisfaction with theBill can only relate to the
Transvaal and to the passive resistance campaign.
The number of Indians at present serving indentures is not
15,000 but nearly 23,000.
I am, etc.,

From a photostat of the typewritten office copy: S.N. 5301

299. TELEGRAM TO H. S. L. POLAK


[JOHANNESBURG ,]
March 16, 1911
TO
P OLAK
C ARE R USTOMJEE
DURBAN

RITCH WIRES PETITIONS PRESENTED BY DUNCAN 1 HUNTER 2


3
JAGGER RESPECTIVE PROVINCES. ALL CONSIDER PRAYER JUST.
OUTLOOK MOST ENCOURAGING. NOT KNOWN WHEN REACH-
ING COMMITTEE. SITUATION HAS BEEN CABLED FROM CAPE
.
GANDHI
From a photostat of the handwritten office copy: S.N. 5296

300. LETTER TO L. W. RITCH


March 16, 1911
MY DEAR RITCH,

I have your letter, as also your telegram. You have certainly


done all that was possible. If the present amalgamation4 of the various
Indian Associations continues after your withdrawal, it will be a very

1
Patrick Duncan, Member of Parliament from the Transvaal
2
Sir David Hunter, Member of Parliament. from Natal
3
J. W. Jagger, Member of Parliament from the Cape Colony
4
Vide 4th footnote of “Letter to L.W. Ritch”, 6-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 279


great gain. If young Gool, the doctor, works well and self-sacri-
ficingly, he can do a great deal. I am re-directing seven letters to you.
There is nothing new from Maud. I hope that you will carefully scan
every amendment that may be moved in Committee, and see to it that
General Smuts does not surreptitiously create a colour bar by moving
the amendment to the effect that those who may enter under the
education test shall not be subject to the Registration Act of the
Transvaal. The amendment should be that such men should not be
subject to the registration laws of any Province, because, if that is not
done, the Orange Free State will be barred, and the theory of equality
as to immigration will be violated. In an immigration law of the
Transvaal, exemption from the Transvaal Registration Act would have
been quite enough, but, in a Union Immigration Law, exemption from
all registration laws is absolutely necessary. Please note, too, that the
minor children of Asiatics registered or entitled to be registered, or
entering under the immigration test, have to be protected whether they
are without the Union or within. General Smuts is quite capable of
bringing in an amendment which would read to mean that Asiatic
minors outside the Transvaal but within the Union shall alone be able
to enter the Transvaal. India has published 1 the full report of your
presentation. It reads admirably. Lord Ampthill seems to have acted
perfectly, and I was glad to notice Dube2 speaking out so nicely. The
whole affair was evidently a very great success. I should like the
names of all who were present; Maud has not supplied me with them.
The writer in the South African News is a disappointing man. He leads
one to think that all one’s courtesy is lost upon him. However, your
letter made him think.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5299

1
In its issue dated 24-2-1911
2
An Indian barrister practising in England

280 THE COLLECTED WORKS OF MAHATMA GANDHI


301. LETTER TO H. S. L. POLAK
[JOHANNESBURG ,]
March 16, 1911
MY DEAR POLAK,

I pass on the cutting received from Ritch. I hope that the report
of the Ritch presentation1 will go in full at an early date. Just at this
time it is very seasonable. I send you the enclosed2 from the All-India
Moslem League. I do not like the advertising idea underlying it, but I
fear that we have to publish it. Naidoo has sent me for correction a
petition drafted either by himself or by Aiyar3 regarding the £3 tax. In
spite of your remarks in one of your letters, I still very much distrust
Aiyar’s good faith. He is a man of the moment. He will write one
thing today, and just the opposite tomorrow. He is thoroughly
unscrupulous, and I am nervous about his handling any matters of
public importance, and I am much more so when he is disposed to
patronise me. I like him best when he swears at me and publicly goes
for me. I know that then he would not ask me to assist in any of his
public activities. I fear that he is now hoodwinking P. K. Naidoo on
the strength of his being a Brahmin, and possessing a better
knowledge of the English language than Naidoo. Now you will more
fully understand my advice [to] P.K. Naidoo. I send you copy of my
letter 4 to him. I feel for him, because I consider him to be infinitely
superior to Aiyar in character. All the children and most of the passive
resisters on the Farm are in Johannesburg today. I brought them out
by special car. The Traffic Manager quoted specially favourable
terms. For 26 men and children the return journey costs £1/12/2. I
propose to go back with them on Saturday by the one o’clock train,
unless you or Ritch retain me in Johannesburg. Of course, I return to
the Farm every evening. I was glad to notice through the telephone
today that your voice was much stronger and better. I hope there is no
trace of cold now left. I enclose herewith copy of my letter 5 to the
Pretoria News. I am writing the letter because I promised I would, but,

1
The Address to L. W. Ritch, Secretary, South Africa British Indian
Committee, London, was presented at Criterion Restaurant, London, on 16-2-1911. A
report of the proceedings was published in Indian Opinion, 25-3-1911.
2
Enclosure not available
3
P. S. Aiyar, Editor. African Chronicle, Durban
4
Not available
5
Vide “Letter to Pretoria News”,16-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 281


on re-reading the interview, I see that I need not have written the letter.
Stent has sufficiently explained my view about Natal and the Cape.
The little inaccuracy about the figures and the concluding paragraph
as to my satisfaction do not matter. However, my letter I hope you will
consider sufficient.
Sincerely yours,

From a photostat of the typewritten office copy: S.N. 5302

302. LETTER TO J. J. DOKE


[JOHANNESBURG ,]
March 17, 1911
DEAR MR. DOKE,

I fear that for a little thing, little, that is, from the European
standpoint, the struggle will have to be prolonged. Mr. Ritch
telegraphs, saying that General Smuts will introduce an amendment
exempting future immigrants from the operation of the Asiatic Act of
the Transvaal, that is to say, they will still be liable to the Asiatic
Ordinance of the Orange Free State, and, therefore, the colour bar will
still remain in the Immigration Law. I feel that we cannot possibly
accept such a concession. The removal of the colour bar throughout
the Union so far as the new immigrants are concerned means nothing
for the Orange Free State, because the local disabilities may and will
still remain, but, unless the exempting clause is put in, an educated
Indian immigrant will have no foothold at all in the Free State. In
practice, no educated Indian can exist in the Free State, because there
are very few Indians for whom he could cater. I am sending you
copies of the correspondence1 bearing on this point, and am anxious
to know how the whole thing strikes you. I feel that, if it is wrong to
accept the colour bar in the Transvaal Immigration Law, it is wrong to
accept it in the Union Immigration Law which replaces it. I do not
want to leave the office just now. Otherwise, I would have come down.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5304

1
Between Gandhiji and Smuts

282 THE COLLECTED WORKS OF MAHATMA GANDHI


303. TELEGRAM TO L. W. RITCH1
JOHANNESBURG ,
March 17, 1911

CONSTITUTION ACT CHAPTER THIRTY-THREE.

GANDHI
From a photostat of the handwritten office copy: S.N. 5306

304. TELEGRAM TO PRIVATE SECRETARY TO


GENERAL SMUTS
JOHANNESBURG ,
March 17,1911

JUST LEARN GENERAL SMUTS PROPOSES MOVING AMENDMENT IMMI-


GRATION BILL EXEMPT FUTURE ASIATIC IMMIGRANTS FROM
OPERATION ACT THIRTY-SIX 1908 THUS IMPLYING APPLICA-
TION FREE STATE ASIATIC ACT SUCH IMMIGRATIONS. IF SO
IT WILL CREATE A COLOUR BAR IN UNION IMMIGRATION LAW
POINTEDLY INSULTING INDIANS HIGHEST CULTURE. HOPE
THEREFORE THAT ASIATIC IMMIGRANTS WILL BE EXEMPTED
FROM ALL REGISTRATION LAW AS WAS GENERAL SMUTS’
INTENTION EXPRESSED IN TELEGRAM 2 TO ME. WISH RES-
PECTFULLY POINT OUT THAT CONCILIATION PASSIVE RESISTERS
REQUIRES ENTIRE ABSENCE COLOUR BAR UNION BILL AND
FULL PROTECTION WIVES MINOR CHILDREN AS HITHERTO
IT IS THEREFORE URGED THAT IF FREE STATE MEMBERS WILL
NOT EVEN TOLERATE A SOLITARY EDUCATED ASIATIC WITHIN
FREE STATE BOUNDARY AND IF WIVES MINORS COULD
NOT BE PROTECTED IT WOULD BE MUCH BETTER BILL
WAS NOT PASSED AND TRANSVAAL SITUATION DEALT WITH

1
This was sent in reply to Ritch’s telegram which read: Schlesin’s wire
required immunity educated Registration Law Orangia now understand you mean
educated immigrants not to be barred Free State despite unrepealed exclusion Law.
Wire reference Law in question. . . .(S.N. 5305)
2
Dated March 4; vide 1st footnote of “Letter to E.F.C.Lane”, 4-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 283


BY AMENDING LOCAL LEGISLATION.
GANDHI
From a photostat of the typewritten office copy: S.N. 5309; also
Indian Opinion, 25-3-1911

305. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 17, 1911

YOU WILL GET COPY MY WIRE 1 SMUTS. JUST SEEN


CARTWRIGHT. HE SEES POINT CLEARLY. APPROVES. THERE CAN
BE NO QUESTION HAIRSPLITTING WHERE CLEAR
PRINCIPLE AT STAKE.2
GANDHI
From a photostat of the typewritten office copy: S.N. 5308

306. LETTER TO L. W. RITCH


March 17, 1911
MY DEAR RITCH,

I have your letters and telegrams. Today has been an eventful


day. I am much shaken by the news3 you have given me. As soon as I
mentioned the information to Cartwright, he said:
That is Smuts. If one white man raises any objection to your people getting
any rights, he will try to please that white man, no matter even though his
doing so may cost an Empire.
Your second telegram 4 about the supporters deprecating what
appeared to be hair-splitting perturbed me very much. I thought that
we would have to go through the laborious process of explaining to
our supporters the fact that we were asking for nothing new, and that
opposition to the colour bar as to the Free State was inevitable by
1
Vide the preceding item.
2
This was in reply to Ritch’s telegram: Supporters deprecate what will be
reported hairsplitting and evidence unwillingness settle. Think inadvisable press
point. (S.N. 5307)
3
Vide “Letter to J. J. Doke”, 17-3-1911.
4
Vide the preceding item.

284 THE COLLECTED WORKS OF MAHATMA GANDHI


reason of the Bill being a Union Bill. But I now see that your telegram
was based on a mis-reading of Miss Schlesin’s telegram. She thought
that you would never consider that we would ask for free entry into
the Free State for educated Indians who are at present resident in
South Africa. If we did so as part of the passive resistance campaign, it
would be a distinct breach of faith. But, if we did not resist the attempt
to prohibit educated immigrants from entering the Free State, passive
resisters would be set down as cowards. We are fighting a colour bar
and we must continue to fight it, whether it is in a Transvaal law or in a
Union law. I hope that you will be able to persuade the supporters to
take the same view. I have not yet ascertained the feeling of all the
passive resisters. Mr. Cachalia and others are just now in the office and
they seem to hold the same view as I do. Personally, I would like an
indefinite postponement of the Bill and the desired alteration in the
Transvaal Immigration Law.1 Then, we need raise no question as to the
Free State, there would arise no question as to the Cape and Natal, and
the whole thing would be quite satisfactory. If General Smuts does not
yield, l hope that the Cape friends will also take up passive resistance,
because the question then will be no longer provincial. They are as
much interested in resisting a colour bar in a Union law as the
Transvaal Indians, and, if they would take up passive resistance, the
whole thing could be finished in practically no time. I am writing2 to
Gool and others about funds. The dispatches 3 of Lords Crewe and
Morley do credit to them, and they show that great and useful work
was done by the South Africa British Indian Committee. The
dispatches escape not a single argument or point. Your epitome of
what should be done by the Government to placate Asiatics all over is
admirable, and I hope that it was read by all the Members of
Parliament. Do you suggest a letter from here and Natal to
Alexander4 ? He will be, I see, a most valuable helper.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5312

1
Vide “Telegram to Private Secretary to General Smuts”, 17-3-1911.
2
The letter is not available
3
Included in the Blue-book laid on the table of the House by Smuts while
introducing the Bill. Vide also “Letter to L. W. Ritch”, 23-3-1911.
4
Advocate Alexander; vide “The Immigration Bill”, 18-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 285


307. LETTER TO H. S. L. POLAK
March 17, 1911
MY DEAR MR. POLAK,

I hope you have succeeded in rousing our friends there to a


sense of their duty. Though I still hope that there will be a favourable
reply to our telegram 1 to Smuts, we, at this end, are making every
preparation for a renewal of the struggle. Cartwright is simply
disgusted, with his own party as well as with Smuts. I understand that
he will be leaving the Leader within a week or so, unless something he
expects turns up.
Sincerely yours,
From a photostat of the typewritten office copy: S.N. 5313

308. THE IMMIGRATION BILL


The debate on the second reading of this Bill shows how
fortunate we have been in having Mr. Ritch at Cape Town just at this
juncture. The words of The Times to the effect that Mr. Ritch was
coming to South Africa in order to co-operate with those who were
trying to settle the vexed Asiatic question may be said, in the light of
what is happening, to have been prophetic. We can see Mr. Ritch’s
hand in the weighty contribution to the debate by Mr. Advocate
Alexander. He allowed not a single point raised by the Indians
throughout the three Provinces to escape him, and he has shown
clearly that, if the Bill goes through unaltered, passive resisters will
have paid too dear a price for peace; and it is certain that, if passive
resisters were not bound morally to cease struggling immediately on
their demands being granted, they would be very properly justified in
rejecting the Bill as an honourable compromise, if the position of the
Natal and the Cape Indians were not altered by making the
amendments necessary to meet the Indian objections from these two
Provinces. But we hope that General Smuts will accept the advice
given to him by Sir Percy Fitzpatrick, and grant the very reasonable
requests made by the Indians at the Cape and in Natal. They ask for
nothing new. They merely wish to stipulate that existing rights shall
not be disturbed. It is said that General Smuts wants to admit only

1
Vide, “Telegram to Private Secretary to General Smuts”, 17-3-1911.

286 THE COLLECTED WORKS OF MAHATMA GANDHI


twelve Asiatics per year under the education test. In our opinion, this
is absurd. The Transvaal Indians suggested that six per year should be
allowed for the Transvaal. Surely six for Natal and the Cape is a very
small number. The smooth working of the Act will depend very
largely upon the spirit that actuates General Smuts in framing his
regulations, and the spirit in which the Act and the regulations are
administered. The fate of passive resisters will be decided in the course
of the next few days. General Smuts has stated that the Bill is intended
to exempt those who may enter under the education test from the
operation of registration laws. He has, therefore only to make a verbal
amendment in order to bring that meaning out clearly in the Bill; and
we refuse to believe that he wishes to go behind the judgment of the
Supreme Court and deprive minor Asiatics of the rights which that
Court has recognised, or that he dots not wish to clothe with absolute
protection the wives of lawful residents.
Indian Opinion, 18-3-1911

309. NEW BILL IN PARLIAMENT


Every Indian should go through the debate on the second
reading of this Bill. One will find it very instructive. Irrespective of
whether or not the new Bill is suitably amended, what was said about it
and the emphasis that was laid on its bearing only on the Asiatic
problem are worth noting. Everyone can see that this is entirely the
result of the power of satyagraha. Lord Crewe revised the view which
he had expressed in 1909 and requested General Botha to grant the
Indians’ demands. As satyagraha became protracted, the views of the
Imperial Government and the Local Government underwent changes.
The Act 2 of 1907 would never be repealed [it was said], and they
agreed [subsequently] to repeal it. They accepted voluntary
registration, which [they earlier said] they would never do. They were
not prepared to permit the admission of educated Indians, but agreed
to do solater under a separate law. They declared then that further
than this they would never go, that it would be immoral to grant the
Asiatics’ demands; the bogey of immorality has vanished now and the
demands of the Asiatics have been conceded. It may be asked: what
does it profit us if such a demand has been accepted? We shall
consider an answer after the Bill has gone through in a form that
satisfies us.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 287


For the present, the important point to note is that our demands
have been met, more or less. Sir Percy Fitzpatrick1 , who at one time
used to hold out threats against us, now says that General Smuts would
do well to satisfy the Asiatics. The gentleman is afraid lest satyagraha
should spread to the whole of South Africa. Mr. Duncan, the man who
designed the obnoxious Act, now advocates its repeal, and says he will
be happy if the proposed law sees the end of the satyagraha
campaign. We do not find a single member who has spoken against
satyagraha. Can there be a triumph greater than this?
[From Gujarati]
Indian Opinion, 18-3-1911

310. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 18, 19112

CONFIRMING YESTERDAY’S TELEGRAM OUR FIGHT


AGAINST COLOUR BAR CANNOT CLOSE IF EDUCATED ASIATICS
NOT EXEMPTED FREE STATE LAW. EXISTENCE COLOUR BAR
IN THIS MOST INSULTING SHAPE WILL WIDEN AREA PASSIVE
RESISTANCE. AS SIR PERCY CLEARLY POINTED OUT THERE
CAN BE NO COMPROMISE THIS POINT. HOPE CAPE NATAL
ASIATICS WILL SEE THAT NOW THEY MUST JOIN HANDS
BUT WHETHER THEY DO OR NOT MY ADVICE FELLOW PASSIVE
RESISTERS WILL BE STRONGLY CONTINUE STRUGGLE.
AM NOW CONFERRING WITH THEM. WILL GIVE YOU THEIR DECI-
SION LATER: DO PRESS CAPE INDIANS COLLECT FUNDS.
MAY I WRITE THEM.
GANDHI

From a photostat of the typewritten office copy: S.N. 5311

1
Member from Pretoria East, Transvaal
2
The Source has the date 17th, vide, however, ‘yesterday’s telegram’, viz.,
“Telegram to L. W. Ritch”,17-3-1911.

288 THE COLLECTED WORKS OF MAHATMA GANDHI


311. LETTER TO L. W. RITCH
March 18, 1911

MY DEAR RITCH,

What is the meaning of “anticipating trouble from all


quarters”? 1 I take it to mean that the Bill will be assailed not only by
us, but by the Members on behalf of the community in general. I
must confess that I should feel delighted if the Bill were withdrawn,
and the Immigration Act of the Transvaal amended. But, if the Bill
does go through, you will have to answer all kinds of questions in
connection with the Free State, as, for instance, [the] right of the future
Asiatic immigrants to be free from restrictions, are they to hold landed
property, etc. We ask for no such thing. All we say is that, as to
immigration and as to residence, because residence is part of
immigration, they should be on the same footing as Europeans. As to
all civil rights, they would share the same disabilities as the Asiatics.
To illustrate my point, an educated Indian entering the Transvaal
would not be subject to the Registration Law, but he would still be
subject to Law 3 of 1885. Now, Chapter 33 of the Orange Free State
Constitution Act not only deals with the manner in which an Asiatic
may reside, but it also takes away other common law rights. Sections 7
and 8 affect such rights. The amendment, therefore’ may exempt
Asiatics from Clauses 1, 2, 3, 4, 5, 6, 9, 10 and 11 so far as they may
be applicable. If you take hold of the Chapter, you will understand
my meaning still more fully. We want to appear before the public with
absolutely clear hands, as I profess we actually are. The present
passive resistance has absolutely nothing whatsoever to do with the
personal gain of a single individual; and if we make this clear and still
our approach is rejected, we place our opponent in the wrong in every
respect. It is just at a time like this that General Smuts, whom
Cartwright considers to be either absolutely disloyal or intensely
stupid, betrays either the one or the other of these qualities in refusing
to see you. One good interview could settle the whole question, and
could also appease the wrath of the Free Staters by showing that their

1
The reference is to Ritch’s telegram of March 18: Committee stage remote.
Budget takes precedence. Advise me Smuts reply your wire. I anticipate trouble all
around. (S.N. 5310)

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 289


fear is totally groundless. I take it that you will again instruct Maud
from your side. I shall send you on Monday a copy of my letter 1 to
her, but that can be no guide to you in writing to her as it will be too
late for the time when you must post your letter.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5317

312. LETTER TO H. S. L. POLAK


March 18, 1911
MY DEAR POLAK,

I have no telephone message to send you because I have no


telegram from Ritch and none from Smuts. Natesan’s letters herewith.
I opened his letter to you, as also Dr. Mehta’s. I am sending you
Natesan’s letter to me also. A parcel containing copies of his speech2
is being sent to Phoenix. Please return Natesan’s letter to me, as I have
not yet replied to it. Ritch’s solution of the Transvaal difficulty given
in the Cape Argus, which I sent you yesterday, should be reproduced
in Indian Opinion.3
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5320

313. TELEGRAM TO SECRETARY TO


MINISTER OF INTERIOR4
1, F OX S TREET,
JOHANNESBURG ,
March 18, 1911

ON BEHALF CHINESE COMMITTEE I BEG TO ASSOCIATE THE


COMMITTEE IN THE PRAYER OF BRITISH INDIAN ASSO-

1
Vide “Letter to Maud Polak”, 13-3-1911
2
On the South African question delivered at the Indian National Congress
held at Allahabad; reproduced in Indian Opinion, 8-4-1911
3
This was reproduced under the caption, “Mr. Ritch’s suggestions”, in Indian
Opinion, 25-3-1911.
4
Presumably drafted by Gandhiji; the Post Box number mentioned at the end
of the telegram was Gandhiji’s.

290 THE COLLECTED WORKS OF MAHATMA GANDHI


CIATION AS TO IMMIGRANTS’ RESTRICTION BILL NOW
BEFORE PARLIAMENT AND TRUST THAT THE BILL WILL
BE SO AMENDED AS TO REMOVE ALL POSSIBILITY AS TO
COLOUR OR RACIAL BAR APPEARING IN IT AND TO
AFFORD FULL PROTECTION TO WIVES AND MINOR CHILD-
REN OF LEGAL RESIDENTS. THE COMMITTEE FURTHER
TRUSTS THAT THE GOVERNMENT WILL PROVIDE IN ADMINIS-
TRATION OF THE BILL, SHOULD IT BECOME LAW, FOR
ENTRY OF LIMITED NUMBER OF CULTURED CHINESE WITHIN
UNION AND THAT SUCH CHINESE WILL NOT BE LIABLE
TO CHINESE EXCLUSION ACT CAPE.

MARTIN EASTON ,
ACTING C HAIRMAN ,
C HINESE ASSOCIATION ,
P OST BOX 6522

From a photostat of the typewritten office copy: S.N. 5321

314. LIST OF CHINESE SATYAGRAHIS


[On or after March 18, 1911] 1

Chinese Satyagrahis arrested and sentenced [to] hard labour:


C. F. J. Frank (3 mon. H.L.)
Lee Kong (3 M.H.L.)
Luk Nan Dickson (3 M.H.L.)
Ho Low (10 days H.L.)
Sam You (3 M.H.L.)
Chong Ah Kie (3 M.H.L.)
Wo Kim (3 M.H.L.)
Ah Wy (3 M.H.L.)
Ismail Essach
Louis Benjamin

1
The document bears no date but it has been placed immediately after
S.N. 5321 which is dated March 18, 1911 and which deals with the problem of the
Chinese.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 291


They are either at the Fort or Diepkloof.

From a photostat of the handwritten original, the last three lines being in
Gandhiji’s hand: S.N. 5322

315. LETTER TO MAGANLAL GANDHI


TOLSTOY F ARM,
Phagan Vad 4 [March 19, 1911] 1
CHI. MAGANLAL,

Please dispose of the enclosed papers.


Chhaganlal’s health, I am sure, will be restored as soon as he
comes here. I wish he comes immediately.
I have no expectations from Anandlal. He can, if he makes up
his mind, please respected Amritlalbhai. The charge that he has
levelled against Mr. Cordes only shows that he is suspicious and rash.
That is why I send you the cutting of Mr. Cordes’ speech received by
the same mail. The moral is that we should keep our hearts pure and
put a favourable construction on other people’s doings. If we do this,
misdeeds will come to be known without our effort.
The more defects you discover in Harilal, the more love you
should have for him. One requires a great deal of water to put out a
big fire. To overcome the baser element in Harilal’s nature, you have
to develop in yourself and pit against it a more powerful force of
goodness. Give him the coat too when he asks for a shirt.
I note you are making good progress in Tamil. It would be
good if you adopt the practice of speaking with some Tamilian.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C. W. 5080. Courtesy:


Radhabehn Choudhri

1
This letter was apparently written before Chhaganlal Gandhi’s arrival in
South Africa in July 1911.

292 THE COLLECTED WORKS OF MAHATMA GANDHI


316. TELEGRAM TO PRIVATE SECRETARY
TO GENERAL SMUTS
JOHANNESBURG ,
March 20, 19111

FEAR VERY MUCH IF GENERAL SMUTS CANNOT SEE HIS


WAY ADVANCE UPON WHAT IS STATED YOUR LETTER 16TH
INSTANT 2 THE PAINFUL STRUGGLE WILL CONTINUE. NO SUBMISSION MADE FOR
REPEAL CHAPTER THIRTY-THREE BUT FOR SO MUCH OF IT AS
REQUIRES APPLICATION GOVERNOR FOR RESIDENCE SHOULD NOT APPLY
EDUCATED ASIATIC IMMIGRANTS. NO EXCEPTION TAKEN TO EDUCATED
ASIATIC IMMIGRANTS BEING LIABLE TO OTHER DISABILITIES
COMMON TO ASIATIC RESIDENTS. EXEMPTION FROM REGISTRATION ACT
TRANSVAAL SHOULD BE COMPLETE. RIGHTS EDUCATED INDIAN
IMMIGRANTS TRANSVAAL SHOULD NOT BE LESS THAN THOSE
OF RESIDENT ASIATICS. TWO COUNSELS ONE IN TRANSVAAL 3
ANOTHER IN NATAL 4 HAVE GIVEN WRITTEN OPINION SAY-
ING WIVES AND MINOR CHILDREN OF RESIDENT ASIATICS
NOT PROTECTED UNDER BILL AS DRAWN UNLESS THEY
ARE AT PRESENT IN THEIR RESPECTIVE PROVINCES. HOPE
SMALL RELIEF REQUIRED FOR CLOSING STRUGGLE WILL BE
GRANTED.

GANDHI

From a photostat of the typewritten office copy: S.N. 5326; also

Indian Opinion, 25-3-1911

1
This appears to have been referred to as the telegram of the 19th in Lane’s
telegram of the 21st (footnote to “Telegram to Private Secretary to General Smuts”,
22-3-1911) and Report of the European Committee meeting (23-3-1911).
2
Vide Appendix, “Lane’s letter to Gandhiji”, 16-3-1911.
3
R. Gregorowski and Laughton; vide “Letter to L. W. Ritch”, 20-3-1911.
4
ibid

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 293


317. LETTER TO E. F. C. LANE
March 20, 1911
DEAR MR. LANE,

I telegraphed today 1 in reply to your letter 2 of the 16th instant


regarding the correspondence between you and me over the
Immigrants, Restriction Bill. I now venture to amplify my telegram.
There is no occasion, neither has it been asked on behalf of
British Indians, to repeal Chapter 33 of the Orange Free State
Constitution; but I respectfully submit for General Smuts’ considera-
tion that, just as educated Indian immigrants will, under the
amendment he proposes to move, be free from registration under the
Transvaal Act No. 36 of 1908, so may such immigrants be free from
the Sections of Chapter 33 of the Orange Free State Constitution
regarding what amounts to registration. Such seems to have been the
intention of General Smuts at the time the telegram of the 4th instant,
referred to in your letter of the 16th instant, was sent. It is therein
stated that
Asiatics admitted as immigrants under new Immigration Bill would not
fall under registration laws and would not be restricted to provincial limits.
A similar statement appears in the dispatch to Lord Crewe,
published in the Blue Book U/7/11. All that Asiatics ask for is full
immigration rights in law under the Bill without a colour bar. If an
educated Indian has to apply under Chapter 33 for permission to
reside in the Orange Free State, it means a colour bar in the
Immigration Bill, and an amendment exempting such immigrants
from the operation of Sections 1, 2, 3, 4, 5, 6, 9, 10 and 11 would meet
the point, and would still make the immigrants liable to the disabilities
as to holding fixed property, etc., common to the other Asiatics.
I venture to suggest that paragraph 2 of your letter is not clear.
You say that the amendment to be moved will, in effect, exempt the
educated Indian immigrants from registration under the Transvaal Act
No. 36 of 1908. This may mean that an educated Indian immigrant
will not be free from the operation of Act No. 36 of 1908 entirely, but
that he will simply not be required to register. It may be that, in that

1
Vide the preceding item.
2
Vide Appendix, “Lane’s letter to Gandhiji”, 16-3-1911.

294 THE COLLECTED WORKS OF MAHATMA GANDHI


case, an educated immigrant will be in a worse position than a resident
Asiatic, a state of things which will hardly be acceptable to the Indian
community.
As to the third paragraph, I may state that two advocates of long
standing and wide experience, of the Transvaal and Natal respectively,
have given their opinion to the effect that the wives and minor
children of Asiatic residents will not be able to join them as
heretofore, because they will be treated as prohibited immigrants,
unless they can satisfy the education test; and, if it is the intention of
the Bill not to debar the wives and minor children of such Asiatics, I
submit that an exemption clause of a general nature should be added
to the Bill.
The matters I have herein submitted are all of no intrinsic
importance from the European standpoint, and I venture to think, not
at all contentious, but they are of the greatest importance for the
Asiatics. I hope, therefore, that General Smuts will be pleased to give
them the consideration they deserve, and grant relief.
I am,
Yours faithfully,
From a photostat of the typewritten office copy: S.N. 5327; also
Indian Opinion, 25-3-1911

318. LETTER TO MAUD POLAK


March 20, 1911
MY DEAR MAUD,
It seems to me that, after all, there will be no settlement, in spite
of the Bill. Only, this time, the Imperial Government will have the
clearest proof of what General Smuts is and can be. He has stated, in
his letter to the Imperial Government, that educated immigrants, if
Asiatics, will be free to settle in any part of the Union, and yet you will
see from his latest letter 1 that such will not be the case. From the
enclosures you will see what, in my opinion, is our demand 2 exactly
regarding the Orange Free State and the Transvaal. Mr. Ritch will
write to you on Wednesday from Cape Town as to what you should
do.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5328

1
Vide Appendix, “Lane’s letter to Gandhiji”, 16-3-1911.
2
Vide the preceding item.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 295


319. TELEGRAM TO L. W. RITCH
JOHANNESBURG ,
[March 20, 1911] 1
TO
R ITCH
8, K LOOF S TREET
C APE TOWN

LETTER SMUTS2 SAYS HIS TELEGRAM WHICH 3 DID NOT


4
MEAN CONVEY [ID]EA THAT CHAPTER THIRTY-THREE ORANGE
FREE STATE LAWS WOULD BE CANCELLED. LETTER ALSO NOT
CLEAR THAT EDUCATED IMMIGRANTS ENTIRELY FREE FROM
REGISTRATION ACT. SUGGEST YOUR [MEETING]7 SUPPORTERS
IMMEDIATELY SHOWING COMPLETE EXEMPTION FROM REGIS-
TRATION LAWS UNION NECESSARY STOP RESISTANCE. FOR WIVES
MINORS LETTER ALSO HOPELESSLY EVASIVE. HE SAYS
DIFFICULTY NOT APPRECIATED BY DEPARTMENT.
65225
From a photostat of the typewritten office copy: S.N. 5300a

320. LETTER TO L. W. RITCH


March 20, 1911
MY DEAR RITCH,

Herewith copy of letter6 from General Smuts, and my reply 7 . I


think that we are in for a big battle. He does not want to forfeit the
support of the Free Staters and, therefore, evidently wants to recant.
The whole letter is quite worthy of him. He is writing entirely in order
to conceal his meaning. The first paragraph credits me with a desire I
never had. The second paragraph is intended to veil his meaning,
namely, that educated immigrants will not be able to, if they wish to

1
This appears to have been sent on the same day as “Telegram to Private
Secretary to General Smuts”, 20-3-1911 and “Letter to E. F. C. Lane”, 20-3-1911.
2
These words are not clear in the photostat.
3
ibid
4
ibid
5
This was Gandhiji’s Post Box number.
6
Vide Appendix, “Lane’s letter to Gandhiji”, 16-3-1911.
7
Vide “Letter to E. F. C. Lane”, 20-3-1911.

296 THE COLLECTED WORKS OF MAHATMA GANDHI


do so, take out licences to trade. Now they, if they are self-respecting
men, would never want trading licences. That is one thing; but to have
a statutory disability is totally another. We are asking for a better
status for them than the residents possess. How can we now have for
them a legal status inferior to that enjoyed by the residents? The third
para-graph betrays an intention not to specifically exempt wives and
minor children so that he may put in our way all sorts of difficulties.
If need be, you will not hesitate to use Gregorowski’s and Laughton’s
opin-ions to drive our points home, because, in view of what is
happening, we must insist on an unequivocal meaning of the Bill so
far as the points raised by us are concerned. Unless the Progressive
Party solidly wishes to do its duty, and unless some of the Nationalists
like Merriman and a few others favour us, the Bill will not be
satisfactory. In that event, it seems to me that it will not receive the
Royal sanction.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5329

321. LETTER TO H. S. L. POLAK


March 20, 1911
MY DEAR POLAK,

I have not much to add to what I have stated in Ritch’s letter1 . I


have sent to West directly a copy of the Cape petition2 . Further
correspondence which I am sending to you should also go in. I hope
to write a leading article on it tomorrow. I take it that the speeches3 of
Lord Ampthill and others at the Ritch reception will go in. A
cablegram was received today to the effect that Ritch’s father-in-law is
dead. Whilst it is a matter for sorrow, it is equally one for
congratulation, for Mr. Cohen is free from a living death.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5325

1
Vide “Letter to L. W. Ritch”, 20-3-1911.
2
This was published in Indian Opinion, 25-3-1911. Vide Appendix “Cape
Petition to Parliament”, 15-3-1911.
3
These were published in Indian Opinion, 25-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 297


322. TELEGRAM TO JOHANNESBURG OFFICE
LAWLEY S TATION,
March 21, 1911
TO
GANDHI
JOHANNESBURG

MISSED TRAIN. ATTENDING SORABJEE1 . MUCH BETTER. SEND


2
COPY CHAPTER 33 ORANGIA POLAK WEST. WIRE IMPOR-
TANT NEWS. SENT PAPERS MEDICINE WITH SORABJEE3 .
GANDHI
From the original as delivered: S.N. 5330

323. TELEGRAM TO PRIVATE SECRETARY


TO GENERAL SMUTS
JOHANNESBURG ,
March 22, 1911

YOUR WIRE 4 21ST. PLEASE CONVEY THANKS GENERAL


SMUTS FOR PROMISING RELIEF REGARDING WIVES MINORS
STOP AM SORRY HE THINKS SUBMISSION RESPECTING FREE
STATE UNFAIR STOP BEG DRAW GENERAL SMUTS’ ATTEN-
TION GENERAL BOTHA’S DISPATCH TWENTIETH DECEMBER
WHEREIN HE ASSURES LORD CREWE THAT A LIMITED
NUMBER OF EDUCATED INDIANS PASSED UNDER THE BILL
WILL AFTER SUCH ENTRY POSSESS PERMANENT RESIDENTIAL

1
Presumably, Sorabjee Shapurjee Adajania
2
Of the Orange Free State Constitution, reproduced in Indian Opinion,
25-3-1911
3
Presumably, Sorabjee, son of Parsee Rustomjee
4
Which read: 21st March, Yours 17th and 19th. Minister desires me to say he
is taking into favourable consideration the question of providing for the women and
children of persons lawfully resident, but he considers your attitude on the Free State
matter quite unfair. The Asiatics have never claimed to enter that Province, and any
such claim now will make it impossible for him to arrive at a satisfactory solution of
the Indian question. All the other points in dispute seem now on a fair way to being
satisfactorily solved.

298 THE COLLECTED WORKS OF MAHATMA GANDHI


RIGHTS IN ANY PROVINCE OF THE UNION STOP BUT
APART THEREFROM INVITE GENERAL SMUTS’ ATTENTION TO
FACT THAT WHOLE STRUGGLE FOR PRINCIPLE AND AGAINST
COLOUR BAR STOP IF PASSIVE RESISTERS OBJECT COLOUR
BAR TRANSVAAL IMMIGRATION LAW HOW CAN THEY AC-
CEPT IT IN UNION IMMIGRATION LAW IN WHICH TRANS-
VAAL LAW WILL MERGE STOP IT IS TRUE THEY HAVE
NOT ASKED BEFORE AND THEY DO NOT NOW ASK FOR
ENTRY EDUCATED OR OTHER ASIATICS FREE STATE STOP
IT IS SUBMITTED QUESTION OF SUBSTANTIAL ENTRY DOES
NOT ARISE STOP OTHER CONDITIONS THERE AND ABSENCE
OF ANY SUBSTANTIAL INDIAN POPULATION THERE WILL EFFEC-
TIVELY BAR ENTRANCE OF EDUCATED INDEPENDENT ASIA-
TICS SUCH AS WILL BE ADMITTED UNDER PRESENT BILL
STOP INDIANS ONLY PROTEST AGAINST UNION PARLIAMENT
RATIFYING IN BILL FREE STATE POLICY AND THUS SAY-
ING TO THE WORLD NO INDIAN EVEN THOUGH A POTEN-
TATE CAN LEGALLY ENTER AND RESIDE IN A PROVINCE
OF THE UNION STOP AS AGAINST DRASTIC CHANGES CAPE
AND NATAL ASIATIC STATUS FREE STATE MEMBERS CANNOT REASONABLY
OBJECT UNION PARLIAMENT DECLINING OFFER
INSULT TO HIGHEST OF INDIA’S SONS BUT IF UNFORTU-
NATELY THEY DO AND GOVERNMENT CANNOT WELL DIS-
PLEASE THEM IT IS RESPECTFULLY SUBMITTED THAT BILL
BE WITHDRAWN AND TRANSVAAL IMMIGRATION LAW SUI-
TABLY AMENDED SO AS TO DO JUSTICE TO ASIATIC SENTI-
MENT AND CLOSE PAINFUL STRUGGLE.
GANDHI
From a photostat of the typewritten office copy: S.N. 5340; also
Indian Opinion, 8-4-1911

324. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 22, 1911
GENERAL SMUTS TELEGRAPHS1 HE WILL FAVOURABLY CONSI-
DER QUESTION WOMEN CHILDREN BUT HE CONSIDERS ATTI-

1
Vide footnote to the preceding item.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 299


TUDE FREE STATE QUITE UNFAIR AND SAYS ASIATICS
NEVER CLAIMED ENTER THAT PROVINCE AND ANY SUCH
CLAIM NOW WILL MAKE IT IMPOSSIBLE FOR HIM TO ARRIVE
AT SATISFACTORY SOLUTION. AM REPEATING MY REPLY.
SLEPT OVER YOUR CRITICISM.1 IT IS GOOD FOR CAUTIOUS
PEOPLE AND IT WAS YOUR DUTY ISSUE WARNING NOTE.
UNACCEPTABLE FOR PASSIVE RESISTERS. SUGGEST YOUR AD-
VISING CAPE INDIANS TAKE UP FREE STATE MATTER.. DO
YOU THINK I SHOULD JOIN YOU.

GANDHI

From a photostat of the typewritten office copy: S.N. 5339

325. TELEGRAM TO L. W. RITCH2


JOHANNESBURG ,
March 22, 1911

THINK INCONSISTENT WITH DIGNITY TO ASK SMUTS NOW


TO RECEIVE YOU. RESPONSIBILITY FOR THE INSULT IS HIS.
BUT IF YOU STILL THINK THAT WIRE SHOULD BE SENT
IT WILL BE IMMEDIATELY.

GANDHI

From a photostat of the typewritten office copy: S.N. 5341

1
Vide 2nd footnote of “Telegram to L.W. Ritch”, 17-3-1911.
2
This was in reply to Ritch’s telegram of March 20 which read: Suggest
wiring Smuts again request see me. Bill delayed at least today tomorrow. (S.N. 5324)

300 THE COLLECTED WORKS OF MAHATMA GANDHI


326. LETTER TO H. S. L. POLAK
March 22, 1911
MY DEAR POLAK,

I now enclose copies of the resolutions1 I suggest you may pass


at the meeting. What a great achievement it will be if the second
resolution is passed intact. I send you also my reply2 to General
Smuts. Mr. Phillips3 is very hostile to the Bill, because he considers
that the Orange Free State disability constitutes a racial bar, and
amounts to, in his own words, “the banning of a nation”. At his
instance, a meeting of the European Committee is being called at Mr.
Hosken’s office tomorrow. I think that the Committee will address
General Smuts strongly in the matter. I have little doubt that all the
members will support us.4 I send you Ritch’s letter 5 for perusal. His
argument about the Bill is worthy of every consideration. I have
myself been unable to see eye to eye with him. We are raising no new
issue, and I feel that we would surrender our conscience, if we gave up
the struggle. Even non-resisting Indians saw the point when I
mentioned it, and they had no difficulty in meeting arguments which I
advanced against continuing the struggle. Most of the resisters, though
they are most anxious that the struggle should close, have no
hesitation in saying that, if the Free State bar remains, the struggle
should continue.
Yours sincerely,
[Enclosure]6

From a photostat of the typewritten office copy: S.N. 5344

1
Vide “Resolutions at Natal Indian Congress Meeting”, 26-3-1911.
2
Vide “Telegram to Private Secretary to General Smuts”, 22-3-1911
3
Charles Phillips, a congregational Minister in the Transvaal
4
Vide the following item.
5
Not available
6
Not available. Vide, however, “Resolutions at Natal Indian Congress
Meeting”, 26-3-1911

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 301


327. REPORT OF EUROPEAN COMMITTEE MEETING
[March 23, 1911] 1

A meeting of the European Committee of sympathisers, in


Johannesburg, met at Mr. Hosken’s office, on the 23rd ultimo, to
discuss the situation. Mr. Hosken presided, and amongst those present
were Rev. J. J. Doke, Rev. Chas. Phillips, Rev. J. Howard, Rev. T. Perry,
and Messrs A. Cartwright, T. R. Haddon, D. Pollock, E. Dallow and M.
K. Gandhi. The following resolution was unanimously passed:
This meeting of the European British Indian Committee, having
considered the correspondence between the Minister of the Interior and Mr.
Gandhi (especially telegrams dated 17th and 19th March from Mr. Gandhi and
the Minister’s reply thereto dated 22nd March), desires to record its entire
approval of Mr. Gandhi’s communications, and is of opinion that the telegram
of 22nd March from Mr. Gandhi clearly and equitably sets out the case, and
urges the Government to accept the solution proposed therein. The Committee
regrets to learn that the Minister of the Interior has thought fit to raise a new
point regarding the Free State, in conflict with the Prime Minister’s despatch
dated 20th December, 1910, which stated, ‘It is, however, proposed
notwithstanding this test, to instruct these officers to allow the entry of a
limited number of educated Indians who will after such entry possess
permanent residential rights in any Province of the Union,’ and the telegram
from the Minister of the Interior to Mr. Gandhi, dated 4th March, which stated,
‘Asiatics admitted as immigrants under the Immigration Bill would not fall
under registration laws and would not be restricted to provincial limits.’

From a photostat of the original draft, partly in Gandhiji’s hand: S.N.


5396 b; also

Indian Opinion, 8-4-1911

1
The draft of the report contains the resolution passed on March 23 with
correction in Gandhiji’s hand.

302 THE COLLECTED WORKS OF MAHATMA GANDHI


328. TELEGRAM TO L. W. RITCH1
[JOHANNESBURG ,
March 23, 1911]
HOSKEN CARTWRIGHT DOKE PHILLIPS HOWARD PERRY HAD-
DON POLLOCK DALLOW PRESENT EUROPEAN COMMITTEE
PASSED COMPREHENSIVE RESOLUTION ENTIRELY APPROVING
OUR CONTENTION REGARDING FREE STATE URGING GOVERNMENT
TO ACCEPT SOLUTION PROPOSED BY ME. HOSKEN HAS
WIRED RESOLUTION SMUTS MERRIMAN JAMESON HUNTER.

From a photostat of the draft in Gandhiji’s hand: S.N. 5396c

329. LETTER TO L. W. RITCH


March 23, 1911
MY DEAR RITCH,

I have your letters. I wish I had the time to write to you more
fully than I can. I am just going to the station to catch my train2 . How
I wish I could chat with you, and persuade you that we cannot
possibly abandon the Free State point. The Members of the European
Committee—whose names 3 you are having—saw the whole point
without the slightest difficulty. Mr. Doke is now as strong as any of
them, although he cross-examined me severely yesterday, and
although, as I have told you, I read the whole of your objections to
him. We are not asking for repeal of Chapter 33. We are simply
asking for exemption for educated Indians in a Union Bill, because
the colour bar of the Transvaal is being transferred to the Union Bill.
General Smuts it is who is raising a new point, because he is
committed in his speech and in his telegrams to the principle of such
educated Asiatics being able to enter and reside in any Province of the
Union. You will note, too, that Lord Crewe has anticipated our
objection to any colour bar in the Union Bill. Hence his very serious
anxiety on that score, and hence, too, General Botha’s emphatic
declaration4 that educated Asiatics who may enter under the Bill can

1
This appears to be the draft of a telegram sent to Ritch after the European
Committee’s meeting; vide the preceding item.
2
For Lawley, probably after the meeting of the European Committee
3
Vide “Report of European Committee Meeting”, 23-3-1911.
4
ibid

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 303


reside in any part of the Union. I do not share your fear that we would
have difficulty in persuading Lord Ampthill. My only difficulty now
is to persuade you. Unless you share my enthusiasm and conviction,
how can you impart it to Alexander and others? More when I have the
time.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5346

330. TELEGRAM TO H. S. L. POLAK


[JOHANNESBURG ,]
March 23, 1911
RITCH TELEGRAPHS SAYING MINISTER IS MOVING AMENDMENTS
EXEMPTING PERSONS BORN WITHIN UNION DOMICILED PERSONS
WIVES CHILDREN FROM SECTION SEVEN. GOVERNOR GENERAL
WILL HAVE POWER PRESCRIBE NATURE PROOF OFFICER MAY
DEMAND.
M. K. GANDHI
From a photostat of the handwritten office copy: S.N. 5348

331. TELEGRAM TO PRIVATE SECRETARY


TO MINISTER OF INTERIOR
JOHANNESBURG ,
March 24, 1911
YOURS TWENTY-FOURTH INSTANT. 1 AT TIME MY LETTER
FOURTH MARCH QUESTION FREE STATE WAS NOT RAISED
BY GENERAL SMUTS STOP RACIAL BAR WILL CERTAINLY BE
CREATED IF EDUCATED ASIATIC IMMIGRANTS BE CON-
FRONTED SUCCESSFULLY WITH FREE STATE ASIATIC REGIS-
TRATION LAW UPON ENTERING STOP IN TRANSVAAL ACT
FIFTEEN 1907 NO DIRECT RACIAL BAR APPEARS BUT AS
GENERAL SMUTS WELL KNOWS SUCH IS ITS LEGAL EFFECT
REGARDING ASIATICS AND SUCH ACCORDING TO INTERPRETA-
TION GIVEN BY COUNSEL AND APPARENTLY ACCEPTED BY
GENERAL SMUTS WILL BE EFFECT OF NEW BILL STOP

1
Vide Appendix, “Telegram to Gandhiji from Private Secretary to Minister of
Interior”, 24-3-1911.

304 THE COLLECTED WORKS OF MAHATMA GANDHI


IT IS FOR THAT REASON THAT AMENDMENT REGARDING
TRANSVAAL ACT WILL BECOME NECESSARY STOP IT IS
THEREFORE NOT POSSIBLE TO REGARD SUCH AMENDMENT AS
A FURTHER CONCESSION AS EVIDENTLY GENERAL SMUTS
SEEMS TO CONSIDER PROPOSED AMENDMENT BUT JUST AS AMENDMENT
REGARDING TRANSVAAL IS NECESSARY TO PURGI
BILL RACIAL TAINT SO IS AMENDMENT REQUIRED TO COVER
FREE STATE LAW STOP PASSIVE RESISTERS I VENTURE TO
SUBMIT HAVE BEEN ABSOLUTELY CONSISTENT PROM THE
FIRST; THEY OBJECT TO RACIAL BAR IN PRESENT TRANS-
VAAL LEGISLATION AND THEY WILL RELUCTANTLY BE
OBLIGED OBJECT SUCH BAR IN ANY REPEALING LEGISLA-
TION STOP THEY WOULD BE OPEN TO CHARGE OF RAIS-
ING NEW POINT IF THEY OBJECTED ON SCORE OF
FREE STATE IN A PROVINCIAL LAW STOP I CANNOT
LAY TOO MUCH EMPHASIS ON FACT THAT PASSIVE RESIS-
TERS ARE NOT AT ALL CONCERNED WITH INDIVIDUAL
MATERIAL GAIN THEY ARE NOT CONCERNED WHETHER
A SINGLE ASIATIC ACTUALLY ENTERS FREE STATE BUT EVEN
THOUGH THEIR SUFFERINGS MAY BE INDEFINITELY
PROLONGED SO FAR AS I CAN SEE THEY WILL NOT CEASE
SUFFERING SO LONG AS RACIAL BAR BE ALLOWED TO APPEAR
IN ANY LEGISLATION WHICH IS TO REPLACE TRANSVAAL
LAWS AND WHICH IS TO BE PASSED LARGELY TO SATISFY
THEM STOP IF HONOURABLE ATTEMPT ON PART
PASSIVE RESISTERS TO SECURE EQUITABLE TREATMENT
IN ACCORDANCE WITH BRITISH TRADITIONS WITHOUT IN ANY
MANNER ADVERSELY AFFECTING MATERIAL POSITION OF
EUROPEAN COMMUNITY SHOULD EXASPERATE THAT
COMMUNITY WITH ALL RESPECT I MUST STATE THAT WE HAVE
TO TAKE THAT RISK BUT I SUGGEST TO GENERAL SMUTS
THAT HE IS RAISING A NEW POINT IN CONFLICT WITH
HIS TELEGRAM OF FOURTH INSTANT GENERAL BOTHA’S
DISPATCH1 OF TWENTIETH DECEMBER AND HIS OWN
SPEECH SECOND READING AND I APPEAL TO HIS DESIRE TO
CONCILIATE ASIATIC SENTIMENT AND ASK HIM TO
GRANT WHAT MEANS SO MUCH TO ASIATICS AND VERY
LITTLE INDEED TO EUROPEANS IN GENERAL AND FREE

1
Vide “Report of European Committee Meeting”, 23-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 305


STATE EUROPEANS IN PARTICULAR STOP I PROPOSE LEAVING
FOR CAPETOWN BY THE DIAMOND EXPRESS TOMORROW AND IF
GENERAL SMUTS WILL BE PLEASED TO GRANT ME. AN
INTERVIEW PERHAPS I MAY BE ABLE TO MAKE MY SUBMISSION
CLEARER.
GANDHI

From a photostat of the typewritten office copy: S.N. 5351; also


Indian Opinion, 8-4-1911

332. TELEGRAM TO L. W. RITCH


JOHANNESBURG ,
March 24, 1911

RECEIVED LONG REPLY FROM SMUTS.1 IT IS TEMPORISING


AND THREATENING. SENT YOU COPY MY REPLY2 . AM
LEAVING DIAMOND EXPRESS TOMORROW.
GANDHI

From a photostat of the typewritten office copy: S.N. 5354

333. TELEGRAM TO H. S. L. POLAK


[JOHANNESBURG ,]
March 24, 1911

SMUTS HAS SENT HOSKEN DANGEROUS TELEGRAM 3 . I SHALL


THEREFORE NEED [A]T CAPETOWN ALL BLUE BOOKS REGARDING
[Q]UESTION. PLEASE FORWARD THEM CAPETOWN.
GANDHI

From a photostat of the typewritten office copy: S.N. 5355

1
Vide Appendix, “Telegram to Gandhiji from Private Secretary to Minister of
Interior”, 24-3-1911.
2
Vide the preceding item.
3
Vide Appendix, “General Smuts Telegram to Hosken”, 24-3-1911.

306 THE COLLECTED WORKS OF MAHATMA GANDHI


334. CABLE TO S. A. B. I. COMMITTEE1
JOHANNESBURG ,
March 24, 1911

GOVERNMENT SEEMED DISPOSED GRANT PROTECTION TO WIVES,


MINORS AND LAWFUL RESIDENTS, BUT, DESPITE GENERAL
BOTHA’S DESPATCH TO LORD CREWE ON THE 20TH
DECEMBER, GENERAL SMUTS’ WIRE TO GANDHI OF THE
4TH MARCH AND HIS DECLARATION ON THE SECOND READ-
ING THAT EDUCATED ASIATIC IMMIGRANTS. WILL BE ABLE
TO SETTLE IN ANY PROVINCE OF THE UNION, GENERAL
SMUTS NOW SAYS THEY WILL HAVE TO SUBMIT TOHUMILIATING
REGISTRATION LAW OF THE FREE STATE, THUS
DEBARRING THEIR ENTRY AND CREATING RACIAL BAR
UNION IMMIGRATION LAW. AS PASSIVE RESISTERS HAVE
ALL ALONG FOUGHT AGAINST RACIAL BAR, STRUGGLE
MUST CONTINUE IF GOVERNMENT GO BACK UPON ABOVE-
MENTIONED THRICE REPEATED ASSURANCE AND NOW INTRO-
DUCE RACIAL BAR. RESISTERS FIGHTING PURELY NATIONAL
HONOUR AND DEFENDING BRITISH CONSTITUTION. EUROPEAN
2
COMMITTEE PRESIDED BY HOSKEN MET YESTERDAY, ENDORSED
INDIAN ATTITUDE, AND URGENTLY TELEGRAPHED ASKING
SMUTS NOT NOW REVERSE POLICY FORESHADOWED IN
BOTHA’S DESPATCH AND SMUTS’ TELEGRAM. TRUST IMPERIAL
AND INDIAN GOVERNMENTS WILL TAKE ACTION BEFORE IT
IS TOO LATE.
M. K. GANDHI

From a photostat of the typewritten office copy in the Colonial Office


Records: C.O. 551/21; also from the original draft in Gandhiji’s hand: S.N. 5375

1
The same cable was also sent to Gokhale. It was reproduced in The Times of
India, 28-3-1911.
2
Vide “Report of European Committee Meeting”, 23-3-1911.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 307


335. CABLE TO G. A. NATESAN1
[JOHANNESBURG ,
March 24, 1911]
SEE CABLES SENT GOKHALE ACT

From the original draft in pencil in Gandhiji’s hand: S.N. 5375

336. LETTER TO H. S. L. POLAK


March 24, 1911
MY DEAR POLAK,

I have your letter. I am glad that your tooth is out. I certainly


congratulate you upon getting such a splendid dentist. All I can say is
that he is an exception. Karamat’s case2 is shocking. He is
undoubtedly a great liar. He will not obey instructions. It is, therefore,
difficult to treat him. Otherwise, I consider that his is not a hopeless
case. Until he can be sent to India, and supported somewhere, all I can
suggest is that, if the people at Phoenix are reconciled to the idea, Mr.
Rustomjee should build him a hut, and he should live in that hut by
himself and cook for himself, the settlers to have strict instructions not
to supply him with any other food at all. The cost will be trifling. He
could pass his time in a fairly easy manner, and he will have some
sympathetic company also. He can take a small plot, which he may do
anything he likes with, so long as he keeps his hut and the plot in a
sweet condition. He can only be allowed to come to Phoenix, subject,
as I say, to the consent of the settlers, if Mr. Rustomjee will undertake
to see him personally at least once per month. To send him to a
lazaretto is, in my opinion, to ask him to commit suicide. I would far
rather place in his hands a revolver than be party to sending him to
any place of compulsory segregation. I dare say you know something
of the scandals about Robben Island3 .
Unless some telegram is received from Smuts, I shall be leaving
1
The draft of this cable is found under the text of the cable sent to Gokhale
without the addressee’s name. It is presumed to have been addressed to Natesan from a
reference to it in the following item.
2
Vide “Letter to Maganlal Gandhi”, 14-2-1911.
3
Formerly a leper colony, at the entrance of Table Bay, Cape Province

308 THE COLLECTED WORKS OF MAHATMA GANDHI


for Cape Town tomorrow, and we shall exchange telegrams very fre-
quently. Nothing need, therefore, be discussed by me in this letter.
Miss Schlesin will write to you daily with reference to the situation
here, and send you what there may be for Indian Opinion. I enclose
cables sent today to London 1 and Calcutta2 . I have sent a short cab-
legram3 to Natesan asking him to see the cables to Gokhale and act.
Yours sincerely,

From a photostat of the typewritten office copy: S.N. 5356

337. LETTER TO J. J. DOKE


March 25, 1911
DEAR MR. DOKE,

You will have received copies of the telegrams exchanged


between General Smuts and myself,4 as also between Mr. Hosken and
General Smuts.5 They portend evil. I am, therefore, going to Cape
Town by the Diamond Express. I had intended to call on you before I
went away, but there has not been a moment to spare. Mr. Kallenbach
is now back from Potchefstroom, and he will keep himself in touch
with you. I think that vigorous action on the part of the Committee 6
will be necessary to counteract the effect of, if I may use the proper
term, General Smuts’ lies in his telegram to Mr. Hosken. If he dared
to mislead a friend of the cause in this manner, how much more must
he not have done with reference to the others who have not even taken
the trouble of informing themselves on the question. I have suggested
a public letter signed by the members of the Committee, giving their
opinion as to what has been the demand from the start. His threat
about exasperating the European community reminds me of what the
demonstrators did in Durban to inflame the crowd in the December of

1
To the S.A.B.I. Committee
2
To Gokhale, Calcutta. The Times of India printed it is received from Calcutta,
27-3-1911.
3
Vide the preceding item.
4
Vide “Telegram to Private Secretary to Minister of Interior”, 24-3-1911; also
Appendix, “Telegram to Gandhiji from Private Secretary to Minister of Interior”,
24-3-1911.
5
Vide Appendix, “General Smuts Telegram to Hosken”, 24-3-1911.
6
European British Indian Committee

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 309


1896 and the January of 1897. 1 The European community is certainly
not exasperated, but General Smuts is, and he wants to impart his own
exasperation to the community.
Yours sincerely,
From a photostat of the typewritten office copy: S.N. 5358

338. RESOLUTIONS AT NATAL INDIAN CONGRESS


MEETING2
[DURBAN,
March 26, 1911]
The Natal Indian Congress meeting passed the following resolutions:
(1) Proposed by Mr. Abdul Caadir:
This mass meeting of British Indian residents of Natal hereby
places on record its emphatic protest against the Immigrants’
Restriction Bill now before the Union Parliament, in that:
(1) It inaugurates a policy of most total exclusion of
British Indians from this Province, and is thus calculated to
curtail the facilities which the resident Indian population has
hitherto enjoyed of importing from India clerical and other
assistance;
(2) No definite provision has been made for recognising
the residential rights of the present Indian population, especially
those of Indians born in this Province;
(3) Unlike as heretofore, the issue of certificates of
residence has been left by the Bill to the discretion of the
Administration;
(4) No provision seems to have been made for assisting
persons declared to be prohibited by an Immigration Officer to
assert their rights before a Court of Law;
(5) The wives and minor children of the resident Indian
population do not appear to be protected as heretofore;
(6) The Bill seeks to introduce a racial or colour bar, by
rendering British Indians, who may enter the Union under the
education test, liable to the Asiatic Laws as to residential rights in
one Province of the Union;

1
Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897
2
Vide “Letter to H. S. L. Polak”, 22-3-1911

310 THE COLLECTED WORKS OF MAHATMA GANDHI


and respectfully trusts that the Union Government will introduce the
necessary amendments granting relief.
Seconded by Mr. G. P. Gandhi; supported by Mr. J. R. Solomon (Tongaat).
(2) Proposed by Mr. Ismail Gora:
This meeting of British Indian residents of Natal declares that, in
the event of the clauses imposing the disabilities described in
Resolution No. I, not being removed from the Bill, or otherwise
satisfactorily amended, those present at the meeting shall respectfully
oppose the Bill with all their strength.
Seconded by Mr. R. N. Moodley (Maritzburg); supported by Mr. S. Emam-
mally.
(3) Proposed by Mr. Abdulla Haji Adam:
This meeting of British Indian residents of Natal hereby
authorises the collection of a fund to effectively carry out the objects
of the foregoing resolutions.
Seconded by Mr. R. B. Chetty; supported by Mr. M. M. Suliman (Umzinto).
(4) Proposed by Mr. Parsee Rustomjee:
This meeting of British Indian residents of Natal hereby
congratulates the Transvaal Indian community upon, and cordially
endorses their determination to continue, the “passive resistance”
struggle until the racial or colour bar referred to in Resolution No. 1
is removed.
Seconded by Mr. Lutchman Panday; supported by Mr. Mahomed Cassim
Coovadia.
(5) Proposed by Mr. Suliman Karwa:
This meeting of British Indian residents of Natal hereby
authorises the Chairman to forward copies of the foregoing
resolutions to the Union, Imperial and Indian Governments.
Seconded by Mr. P. K. Naidoo; supported by Mr. Rooknoodeen.

Indian Opinion, 1-4-1911

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 311


339. TELEGRAM TO JOHANNESBURG OFFICE
C APE TOWN ,
Marsh 27, 1911
11-30 [A. M.]
SAW MINISTER SHORT WHILE. INTERVIEW FOUR O’CLOCK.
GANDHI
From a photostat of the original as delivered: S. N. 5367

340. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
March 27, 1911
5-15 [ P. M. ]
FAIR INTERVIEW. HOPEFUL. FURTHER INTERVIEW PROBABLE.
GANDHI
From a photostat of the original as delivered: S.N. 5372

341. LETTER TO SONJA SCHLESIN1


[CAPE TOWN ,
March 27, 1911]
Here is roughly the purport of the conversation between J.C.S.
and me:
SMUTS: You see, Gandhi, I am giving you everything. I could
have done so by regulation but now I am protecting wives and
children in the Bill. I do not know why, but I know that everybody
suspects me. I am also recognising domicile. But you are very
unreasonable. Your point is absolutely new.
GANDHIJI: How can you say so, General Smuts? Are you not
creating a racial bar?
1
The addressee’s name is not available, as the first two pages of the letter are
missing; but from the instructions given in the last four paragraphs, it appears to
have been written to Miss Sonja Schlesin, who looked after Gandhiji’s Johannesburg
office.

312 THE COLLECTED WORKS OF MAHATMA GANDHI


S.: No, I am not. Can you show it to me?
G.: Certainly. Will you admit that throughout the four years we
have been simply fighting against the racial or colour bar?
S.: Started and said after some hesitation, ‘Yes’.
G.: You know that in the Transvaal Immigration Law there is no
colour bar, but you read sub-section 4 and the Asiatic Act, and you
have the bar.
S.: You are not stating it fairly.
G.: Then you shall state it in your own words.
S.: In the Transvaal we wanted total exclusion and that is
brought about by the combined effect of the two laws.
G.: And now you want the same thing for the Free State. The
combined effect of the Free State Law and the new Bill will be [to]
shut out the Nizam of Hyderabad, and I assure you that the passive
resisters will fight against it.
S.: There you are unreasonable.
G.: I must deny the charge. I am not at all anxious that a single
Indian should actually enter the Free State. I am sincerely anxious to
help you.
S.: You do not know my difficulties.
G.: I do. And because I do, I suggest that only so much of the
Free State Law should be a basis for exemption as will enable a highly
educated Indian to enter the Free State. If you send for the Law, I will
show you what I mean.
S.: (Sends for the law): But the Free Staters will never consent.
G.: Then why did General Botha write to Lord Crewe that
educated immigrants will be able to enter any province?
S.: You do not know all the dispatches. We have not printed
everything, you know. Lord Crewe knows that we never wanted to give
the rights as to the Free State.
G.: But you repeated the same thing at the second reading.
S.: Yes. I was simply sounding the Free Staters, and I noticed
that they were very much opposed.
G.: If they are, it is your duty to persuade them, and if they
cannot be, you may simply amend the Transvaal Legislation.
S.: But I am bound to the Imperial Government to pass this Bill.
(Reads the Law and asks G. to go over to his side. G. points out the

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 313


section from which the exemption is to be granted.) Yes, I now see
what you mean.
G.: Yes, the educated Asiatics will be still prohibited from
owning fixed property and from trading. I am not raising that issue at
all. We have still to fight you on the question of Law 3 of 1885. But
this has nothing to do with passive resistance. I for one do not wish to
offer passive resistance for material gains, but the racial bar we can
never accept.
S.: But you have no idea of my difficulties.
G.: I know that you are quite able to overcome greater
difficulties.
S.: All right, I shall now talk to the Free State members. You
should leave your address with Lane. I hope you will keep the Cape
and the Natal Indians silent.
G.: They will certainly not remain silent. I have just got a wire
from Natal. It is absolutely necessary to protect existing rights. The
question of domicile is ticklish and section 25 requires amending.
Certificates should be issued for the asking.
S.: But discretion is always reserved.
G.: Not in the existing statutes. But of this I shall talk later if
you will let me.
S.: What are you doing in Jo’burg, etc.?
G.: Looking after the families of passive resisters, etc.
S.: It has hurt me more than you to imprison these people. It
has been the unpleasantest episode of my life to imprison men who
suffer for their conscience. I should do the same thing for
conscience’ sake.
G.: And yet you are persecuting Mrs. Sodha.

* * *

Please let Sorabjee and those on the Farm read the interview. I
have written it more for their sakes, and then you may send it to Mr.
Polak.
The notes of the interview are not for publication. But they are
not to be destroyed.
I hope you received Mr. Hosken’s permission to publish the

314 THE COLLECTED WORKS OF MAHATMA GANDHI


correspondence.1
Do please get Sorabjee to write daily to the people at the Farm.
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S.N. 5376

342. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
March 28, 1911.
SEND POLAK ALEXANDER’S MINISTER’S AMENDMENTS PUBLI-
2
CATION. AM MOVING REGARDING MINISTER’S AMENDAMENTS
WHICH ARE NOT QUITE SATISFACTORY. NOTHING FURTHER
TODAY.
GANDHI
From a photostat of the original as delivered: S.N. 5370

343. LETTER TO E. F. C. LANE


7, B UITENCINGLE S TREET,
C APE TOWN ,
March 29, 1911
DEAR MR. LANE,

I observe that amendments proposed to be moved by General


Smuts to the Immigration Bill require that evidence in respect of
domicile, marriage and parental relationship should be furnished to
the satisfaction of the Immigration Officer. I venture to submit for
General Smuts’ consideration that such requirement may open the
door to favouritism, corruption and bribery. I also submit that such
delicate questions as to marital and parental relationship could only be
decided by Courts of Law in case of doubt but not by an
administrative officer nor should the matter be left to be dealt with by
regulation.
With reference to the question of domicile it is a matter of the

1
Vide Appendix, “General Smuts Telegram to Hosken”, 24-3-1911.
2
Published in Indian Opinion, 1-4-1911

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 315


utmost importance that an illustrative definition such as occurs in the
Natal Statute should be given. Members of the Indian community
here lay the greatest stress on this point owing to their unfortunate
experience in the past.
As to section 25, the feeling is very strong that those who prove
their right of residence should be entitled to receive, on their making
application there for, a permanent residential certificate.
These are points which are of vital importance to the residents,
and I hope that they will receive General Smuts’ favourable
consideration.
From a photostat of the typewritten office copy: S.N. 5385; also
Indian Opinion, 8-4-1911

344. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
March 29, 1911
WIRE POLAK HOSKEN’S PERMISSION PUBLISH CORRESPONDENCE1 .
NO NEWS TODAY.
GANDHI
From a photostat of the original as delivered: S.N. 5382

345. INTERVIEW TO “CAPE ARGUS”2


[CAPE TOWN ,
Before March 30, 1911] 3
A mistaken impression has got about that the British Indians of the Transvaal
are perfectly satisfied with the provisions of the Immigrants’ Restriction. Bill. Mr.
Advocate Gandhi, spokesman of the Transvaal Indian community, who is at present
in Cape Town, in conversation with an Argus representative, detailed various points
of the Bill, which, are not approved of by the Transvaal Indians. [Gandhiji said:]
The chief drawback, so far as the passive resisters are concerned,

1
For the correspondence, vide Appendix, “General Smuts Telegram to
Hosken”, 24-3-1911.
2
The report was “Special to Cape Argus” and was published under the heading
“Emigration Bill—Mr. Gandhi’s Grievances—Some Fresh Points”.
3
The Argus interview was published in The Star of the 30th.

316 THE COLLECTED WORKS OF MAHATMA GANDHI


is in the racial bar set up, if educated Asiatics who may enter the
Union under the education test may not have residential rights in the
Free State. It will be remembered that General Botha in a despatch to
Lord Crewe, dated December 20, said that such Asiatics could settle in
any Province of the Union, and a like statement was made by General
Smuts at the second reading of the Bill. It now appears that the
intention is to go back upon this, and debar such Asiatics from
entering the Free State.
I may mention at once that the question is purely an academic
one, because no Indian will care to enter the Free State under the
present circumstances, but the removal of the racial bar in an
Immigration Bill is absolutely necessary to salve Asiatic sentiment.
We do not contend that the general disabilities Asiatics labour
under in the Free State should be removed. That is to say, if an
educated Asiatic immigrant enters the Free State, he would still be
under disabilities as to the holding of fixed property and the carrying
on of any trade. The objection against the entrance of such educated
Asiatics is based upon ignorance of the situation. I can hardly imagine
that the Free State members would object to conciliating Asiatic
sentiment by a simple removal of the racial bar. There is little
probability that a single British Indian of education will seek to enter
the Free State, since the Indian population there is too sparse to
support an Indian barrister or doctor. Unless this racial bar is
removed, passive resistance, I fear, must continue, and I do not know
but that its extent may be increased by the British Indians of Natal and
the Cape joining it.
NATAL AND THE C APE
I have been receiving telegrams from Natal on other points of
the Bill, and on these I am conferring with my countrymen in Cape
Town. They are all agreed that the existing rights should be fully
protected, and they therefore reason that full protection should be
given to the wives and children of those who are domiciled in South
Africa, and that the rights of domicile should be fully recognised, as
they have been hitherto.
T HE T ERM “D OMICILE ”
Past experience shows that the term domicile, being a highly
technical word, needs exact definition to avoid the possibilities of
bribery and corruption. The Natal Act makes it possible for an Asiatic

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 317


who has resided for three years to receive a certificate of domicile. It
is also contended that those having rights of residence should be able
to take out certificates if they choose to do so, so as to enable them to
move to and fro without difficulty, without having to incur constant
expense to prove their rights. It seems to me, indeed, that many of
these matters are easily capable of adjustment.
EDUCATION T EST
The great question for British Indians in Cape Colony and Natal
is the disability imposed by the severe education test in the new Bill.
Some guarantee is, I think, undoubtedly necessary in order that Indian
residents may obtain clerical assistance from India, since this is not to
be obtained in South Africa. Hitherto Indians having a fair education
have entered under the immigration test, and such facilities will be still
necessary if the existing rights are to be protected.
Some of us even go so far as to contend that now, under Union,
there should be no restriction of movement from Province to
Province, but the most moderate are for the time being reconciled to
provincial restrictions. We recognise the difficulty of the Government
in the matter’ but it is still a pressing grievance.

From a photostat of the cutting from Cape Argus in the Sabarmati


Sangrahalaya: S.N. 5214; a1so
Indian Opinion, 8-4-1911

346. TELEGRAM TO JOHANNESBURG OFFICE


7, B UITENCINGLE [STREET],
C APE TOWN ,
March 30, 1911

ASK KALLENBACH IF RITCH MAY LIVE MOUNTAIN VIEW,


BILL NOT ON FOR SOME DAYS. SEEING MINISTER TO-
MORROW. WILL BE THROUGH BEFORE END APRIL.

GANDHI

From the origina1 as delivered: S.N. 5391

318 THE COLLECTED WORKS OF MAHATMA GANDHI


347. SPEECH AT RECEPTION IN CAPE TOWN1
[March, 30, 1911]

Brothers, I am obliged to you for the trouble you have taken for
my sake. If you love me and my work, the only thing I would ask you
to do is to join me in the work. I do not think I deserve the praise you
have lavished on me. Whatever I have done and am doing still must be
attributed to the religious ardour in me. We all know that Prahlad 2
opposed his father, embraced a red-hot iron pillar and went through
many other ordeals. He suffered all this, he refused to submit to his
father, not because of any animosity towards his father but because of
his hatred for untruth. Similarly, friends, we may say that we have
resorted to satyagraha not in a spirit of hostility to the Government,
but because it is a religious duty to fight untruth. Some believe that
satyagraha consists only in going to gaol, but that is not true.
Satyagraha means resisting untruth by truthful means. It can be
offered at any place, at any time and by any person, even though he
may be in a minority of one. If one remains steadfast in it in a spirit
of dedication, it always brings success. Satyagraha knows neither
frustration nor despair. The admiration you have expressed for the
success of satyagraha in the Transvaal does show that you realize its
great value.
[Referring to the Immigration Bill, Gandhiji said:]

We are nearing the end, and victory will undoubtedly be ours if


we work on in the spirit of satyagraha. What is most humiliating to us
in the new Bill is the provision that educated Indians cannot enter the
Orange Free State, and that the Orange Free State Act, based on racial
discrimination, will stand. This is humiliating to all Indians. We in the
Transvaal and in Natal are firm in our opposition to it, and I am glad
to know that the Cape Indians have also joined us. If we are united in
offering satyagraha, our victory is assured.
Gandhiji then explained the position with regard to the correspondence
between General Smuts and himself, and also described how the families of
satyagrahis were maintained on the Tolstoy Farm, outlining the steps taken to give

1
Given by the Cape Town United Hindu Association on March 30, 1911 in
honour of L.W. Ritch and Gandhiji
2
Gandhiji often refers to him as the ideal Satyagrahi of his conception.

VOL. 11: 11 APRIL, 1910- 12 JULY, 1911 319


them some education of practical value. Finally, he referred to the urgent need for
clothes, blankets, etc., for the use of the inmates of the Farm during the winter.

[From Gujarati]
Indian Opinion, 22-4-1911

348. TELEGRAM TO JOHANNESBURG OFFICE


KLOOF S TREET,
[CAPE TOWN ,]
March 31, 1911
RAMBHABAI APPLICATION LEAVE APPEAL GRANTED. HEARING
TWENTY-FOURTH. BLOEMFONTEIN. GOOD INDIAN MEETINGS YESTER-
DAY. MASS MEETING SUNDAY.
GANDHI

From the original as delivered: S.N. 5394

349. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 1, 1911
TO
GANDHI
JOHANNESBURG
FREESTATERS1 NOW CONSIDERING. FINAL DECISION PROBABLY
TUESDAY.
GANDHI

From a photostat of the original as delivered: S. N. 5397

1
Members of Union Parliament from Orange Free State; they were
considering the African Indians’ demand that the six educated Asiatics allowed yearly
to enter the Colony under the Gandhi-Smuts compromise should have free domiciliary
rights in the Free State, which were being denied to them by the proposed Union
Immigrants’ Restriction Bill; vide “Telegram to Private Secretary to General Smuts”,
17-3-1911; “Letter to E. F. C. Lane”, 20-3-1911 & “Letter to Sonja Schlesin”,
27-3-1911.

320 THE COLLECTED WORKS OF MAHATMA GANDHI


350. FRAGMENT OF LETTER TO MAGANLAL GANDHI
Chaitra Sud 3 [April 2, 1911] 1

CHI. MAGANLAL,2

I had asked Dr. Mehta 3 about his view and in reply he has
given me permission to send you and another person to England
immediately. We cannot avail ourselves of it just yet. I, however, write
this in order that you may keep it in mind. There will be, I think, some
delay if Chhaganlal4 goes to . . .

From the Gujarati original in Gandhiji’s hand: C.W. 5626. Courtesy:


Chhaganlal Gandhi

1
This is the first of a series of Gujarati letters in this volume in which the
date lines bear the day and month of the Gujarati calendar but mention no year. It was
in 1911 that Maganlal’s going to England was discussed seriously; vide “Letter to
Maganlal Gandhi”, after 18-5-1911. In that year Chaitra Sud 3 corresponds to
April 2.
2
Maganlal Gandhi (1833-1928); a cousin of Gandhiji’s and Chhaganlal
Gandhi’s brother; in 1908 he suggested “ satyagraha” as a Gujarati equivalent for
“passive resistance” which was the basis of Gandhiji’s own term “satyagraha”;
manager of the Phoenix settlement after Chhaganlal’s departure for England, and
later, of the Satyagraha Ashram at Sabarmati. Gandhiji dedicated his Autobiography
to him.
3
Dr. Pranjivan Jagjivan Mehta, M. D., Bar-at-law, who took Gandhiji in
hand soon after his arrival in England in 1888 and “taught him English etiquette”;
remained a lifelong friend till his death in 1933, evincing great interest in all of
Gandhiji’s enterprises including the Tolstoy Farm and the Champaran satyagraha;
generally an invaluable source of funds for public activities. Through him, Gandhiji
met poet Rajchandra from whom he learned to “see God in all his daily acts”. Vide An
Autobiography, Part I, Ch. XIII & XIV, Part II, Ch. I and Part V, Ch. XVI.
4
Chhaganlal Gandhi; a cousin of Gandhiji’s and a founder member of the
Phoenix settlement; Editor of Gujarati Indian Opinion after 1908; was sent to
England in 1911 to study for the Bar as part of Gandhiji’s scheme to train members of
Indian Opinion staff for increased responsibilities.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 321


351. LETTER TO HERMANN KALLENBACH
Monday [On or before April 3, 1911] 1

MY DEAR LOWER HOUSE,

I have your ‘slating’ letter. It is certainly a sign of ‘thickness’


that I should not write to please you but write only when I have
something to say. The office news I purposely refrain from writing as
I should expect Miss S[chlesin] to give you the information you
would need. You have not become an expert in the question and I do
not want to give you details which only an expert may require. You
are in fact and in reality the angel of peace and mercy. These angels
simply give strength wherever it is required without knowing even that
they are doing [so]. With you, as I have so often said, the heart comes
first. Whenever the intellect has ruled, you have shown the worst side
of your nature.
Remarkable that the finger should not still be cured entirely. But
you never fasted, though you intended to.
You are ‘crowing’ too early. My telegrams were not intended to
convey that we had the victory. The wretched new Bill 2 I certainly
think is as good as dead. But whether the Transvaal Law will be
amended or not is a different thing. I think it will be. Smuts is
committed to settling the question. But he is never certain as to
anything. He always waits till the last moment.
Harilal tells me you are going to England if I do. How so? Can
it be arranged? Who will look after the Farm? I should be far more
satisfied with your dispositions if Mountain Views could be sold. But I
am inclined to blame you in the matter. You have never seriously tried
to sell it. Will you now do it? It is, I am sure, wrong to think of
clinging to both the Farm and Mountain View.
You will laugh when I tell you that the 2 lb. of butter is still

1
From the contents; vide also the following two letters to the addressee; the
Monday before April 5 was April 3.
2
Vide Appendix, Immigrants’ Restricttion Bill”, 4-3-1911

322 THE COLLECTED WORKS OF MAHATMA GANDHI


lying unpacked in Gopal’s 1 bag. Yes, I think, we have lost friend
Gopal.
With love,
Yours sincerely,
UPPER HOUSE
From the original: Gandhi-Kallenbach Correspondence. Courtesy: National
Archives of India

352. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 3, 1911
TO
GANDHI
JOHANNESBURG
GOOD MEETING2 YESTERDAY. SEVEN RESOLUTIONS 3 3 PASSED
FORESHADOWING PASSIVE RESISTANCE, FAILURE REMOVAL
RACIAL BAR, SUPPORTING TRANSVAAL, HONOURING RITCH4 ,

1
Probably Gopal Naidoo, who came to stay at Tolstoy Farm around June 13,
1910 and was looking after the cooking there; vide “Letter to Maganlal Gandhi”,
15-6-1910 and “Johannesburg”, 9-7-1910.
2
This meeting held by Cape Indians demanded the following changes, among
others, in the Union Immigrants Restriction Bill: (1) proof regarding domicile from
wives and children of domiciled Asiatics be left to courts of law; (2) Immigration
Officers’ decisions be made justiciable; (3) the less severe education test existing in
the Cape be retained in the new law; and (4) educated Asiatic immigrants be allowed to
enter and reside in any Province of the Union. Failing this, they demanded that the
Cape and Natal laws be retained in their existing form and that the Transvaal
immigration law be suitably amended. Indian Opinion, 8-4-1911.
3
ibid
4
L. W. Ritch; Theosophist and manager of a Johannesburg commercial firm
before he joined Gandhiji as an articled clerk; passed his Bar examination in London,
vide “Letter to A.H. West”, 2-11-1906 & “The Deputation’s Voyage-V”, 3-11-1906;
Secretary, South Africa British Indian Committee (“Letter to Lord Reay”, (Enclosure),
24-11-1906) of which he eventually became the “moving spirit”; in March, 1911,
helped Cape Indians to organize against the whittling down of Asiatic rights in the
Immigrants’ Restriction Bill; vide “Letter to Abdul Hamid Gool”, 2-3-1911;
“Telegram to L.W. Ritch”, 8-3-1911 & “Letter to H.S.L. Polak”, 9-3-1911. In the
same month British Indian Assocation asked him to act on its behalf at Cape Town,
vide “Telegram to L.W. Ritch”, 7-3-1911, but Smuts refused to accept him, “an entire
stranger”, as their representative and would not see him, vide “Telegram to L.W.
Ritch”, 9-3-1911; “Letter to Private Secretary to Minister of Interior”, 10-3-1911;
“Letter to L.W. Ritch”, 10-3-1911; was virtually in charge of BIA’s legal work after
he took over as solicitor in Gandhiji’s office in April, 1911 (“Ritch in
Johannesburg”, 15-4-1911).

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 323


WHO LEFT TODAY WITH SON. ARRANGE THEIR BREAKFAST.
GANDHI
From a photostat of the original as delivered: S. N. 5406

353. TELEGRAM TO JOHANNESBURG OFFICE1


C APE TOWN ,
April 4, 1911
TO
GANDHI
JOHANNESBURG
MINISTER THINKS IT WILL BE WELL BUT SUGGESTS
MY STAY UNNECESSARY. I THINK I SHOULD LEAVE THIS
WEEK . BILL FAR OFF.
GANDHI
From a photostat of the original as delivered: S. N. 5407

354. LETTER TO L. W. RITCH


[CAPE TOWN ,]
Tuesday [April 4, 1911]
MY DEAR RITCH,

I have now got Evir’s cert[ificate]2 . Saw Lane3 . He thinks it will


be well but the Bill may not come up for two weeks. He suggests my
not waiting. I am now trying to see all the members4 I can. Have
wired5 today and await some instructions.
Yours sincerely,
M. K.GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5408

1
In reply to BIA’s telegram of April 1, 1911 which read: “Strongly advise
you remain Cape Town until matter settled. “ S. N. 5399
2
Birth certificate which had been asked for by Ritch
3
E. F. C. Lane, Private Secretary to Smuts
4
Members of Union Parliament
5
Vide the preceding item.

324 THE COLLECTED WORKS OF MAHATMA GANDHI


355. TELEGRAM TO JOHANNESBURG OFFICE
C APE TOWN ,
April 5, 1911
TO
GANDHI
JOHANNESBURG
SECRETARY ASKED FOR ALTERNATIVE PROPOSALS WRITING.
SUBMITTING SAME TOMORROW. ALTERNATIVE IS AMENDMENT
TRANSVAAL LAW.
GANDHI

From a photostat of the original as delivered: S. N. 5411

356. LETTER TO HERMANN KALLENBACH


8 KLOOF S TREET,
Wednesday [April 5, 1911] 1
MY DEAR LOWER HOUSE,

I suppose you do not get the time to write to me regularly.


“The salvation of men from the calamities which they inflict
upon themselves can be realized only in that degree in which they are
guided in their lives, not by advantages, not arguments, but by
religious consciousness,” so says Tolstoy. I have brought with me
some of his pamphlets which I read during odd moments. There are
many gems to be picked up from these pamphlets.
So now I am on the great task of seeing the members who would
see me.
Sorabji has been discussing with me the problem of going to the
Imperial Conference. There are some reasons why one may go to
advantage. I feel however that if the struggle does not end, I must not
go. But the matter cannot be decided through the post. I simply
mention it so that you may discuss it with Ritch and Sorabji.
How is the finger?
I have not yet touched the butter you gave me. Still on saltless

1
From the contents; vide also “Letter to L.W. Ritch”, 5-4-1911.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 325


diet. There is really no difficulty about it. I should like to keep it up.
If I do not, it will be my own fault.
With love,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

357. EXTRACT FROM LETTER TO MAUD POLAK1


[CAPE TOWN ]
April 5, 1911
. . . There is another matter which is likely to cause the
greatest distress in the Transvaal, if not ruin to hundreds of Indians;
the Gold Law of 1908 (Transvaal)2 Section 130 provides that no right
under it can be held by or sub-let to an Asiatic or Coloured person.
It has been discovered that many townships are affected by this
law. Klerksdorp Indians have received notices to vacate premises
occupied by them3 . The notices have been served by the owners, who
in turn have been notified by the Government that they are
committing a breach of the law by allowing Asiatics to occupy Stands
registered in their names. There is a Supreme Court case which says
that Asiatics who have leases cannot be disturbed during the period of
their leases, if their leases were entered into prior to the passing of the
law. This will not protect existing rights, for very few have long leases.
Monthly tenants will therefore be ruined. The legal opinion has been
sent to you; it shows that, if the law is carried out, the whole Asiatic

1
This was forwarded to the Colonial Office on May 5, 1911 by Maud Polak,
sister of H. S. L. Polak and Assistant Honorary Secretary of the SABI Committee in
London.
2
The Transvaal Precious and Base Metals Act 35 of 1908
3
At Klerksdorp, the Public Prosecutor had issued notices to European Stand-
holders under Section 130 of the Gold Law of 1908 against subletting Stands to
Coloured persons. The European holders had accordingly asked their Indian tenants to
vacate. In May, 1911, Klerksdorp Indians petitioned the Minister of the Interior
appealing that the law be repealed and the Prosecutor’s notices withdrawn, but the
Acting Secretary for the Interior replied in June saying that the questions raised were
of a “purely legal character” and that the Minister could not move Parliament for
altering the law. The issue was then taken up by the BIA. Indian Opinion, 20-5-1911
& 10-6-1911.

326 THE COLLECTED WORKS OF MAHATMA GANDHI


population of the mining districts in the Transvaal will be cleared out.
Johannesburg is included in this plan, and Johannesburg contains the
largest Indian population. I am sure that when the Imperial Govern-
ment sanctioned this legislation they could not have contem-plated
such an untoward and disastrous result.
Cd. 6087; also Indian Opinion, 27-4-1911

358. LETTER TO L. W. RITCH


[CAPE TOWN ,]
Wednesday [April 5, 1911]
MY DEAR RITCH,

Saw yesterday Dr. Hewart, the Opposition whip, and


Sir Bisset Berry. J. W. Jagger1 I meet this afternoon. And so I shall
continue till I have seen all I want to see and all who would
see me. The members I saw yesterday were introduced to me
by Alexander2 . They have promised to support Alexander.
They themselves had not much time but agreed that the point was
verysimple. General Botha’s3 dispatch4 to Lord Crewe 5 does the trick.

1
Member of the Union Assembly
2
Morris Alexander; Jewish member of Parliament from Cape Town; was
sympathetic to the African Indian cause and opposed many provisions of the Union
Immigrants’ Restriction Bill as affecting Indians.
3
Louis Botha (1862-1919); “an Afrikander, Natal-born and Transvaal trained
. . . . a Liberal in the old republican days, bilingual, genial, boundlessly tactful” (Eric
Walker, A History of South Africa, p. 535) and one of the moderate Boers “familiar
with all the intricacies of agriculture . . . there was hardly anyone in Europe . . . as
good a judge of sheep as he was” (Satyagraha in South Africa, Ch. II); outstanding
Dutch commander during the Boer War; in 1904-5 founded the Het Volk party pledged
to conciliation and self-government (Walker, op. cit., pp. 515-6); accepted proposal
for self-government under the British although extreme Boers were sceptical and
managed to get through “drastic anti-Asiatic Bills” (ibid . , p. 519); first premier of
self-governing Transvaal in 1907, and in 1910 became first Union Premier; opposed
educated Asiatics’ entry in Gandhi-Smuts Conference following the compromise of
January 1908; vide “Letter to Lord Ampthill”, 5-8-1909
4
Of December 20, 1910; vide “Report of European Committee Meeting”,
23-3-1911.
5
Robert Ofley Ashburton Crewe-Milnes, 1st Marquess of Crewe; Liberal
statesman and writer; Lord-Lieutenant for Ireland in 1892-5 cabinet; Secretary of State
for Colonies, 1908; succeeded Morley at India Office in November, 1910; quitted
active party politics in 1922 but became Secretary of State for War in 1931; author of
Stray Verses and other literary miscellanies.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 327


I feel sure that if the Bill comes up at all, General Smuts1 will not dare
to bring it up without the amendment 2 we are asking for. I think he
has dropped the charge of bringing a new point.3
Sorabji4 has been writing to me that I should go to London for

1
Jan Christiaan Smuts (1870-1950); Gandhiji found him “as able a general
and administrator as he is a lawyer”, but mentions that he was warned that “slim
Janny”, as Smuts was known, was a “trimmer”; vide Satyagraha in South Africa, Ch.
XXV. After a brilliant academic career at Cambridge, Smuts was admitted to the Cape
Town Bar in 1895; commander-in-chief of rebel commandoes in the Cape during Boer
War; in 1902 urged compromise with the British at the Vereeniging peace
negotiations; strongly opposed Milner’s policy, especially the importation of
Chinese coolies for the gold mines; founded in 1904. along with Botha, the Het Volk
party; after Responsible Government became Transvaal’s Colonial Secretary; an
advocate of Union along with Lionel Curtis (“Johannesburg Letter”, 9-5-1908) and an
author of the South Africa Act of 1911; in 1910 became Union Minister for Interior,
Mines and Defence; in 1912 took over the treasury, retaining Defence; in 1916 during
World War I, accepted Imperial command in East Africa; joined War Cabinet and
initiated unification of the flying services; after Armistice, wrote his Memorandum,
The League of Nations: A Practical Suggestion, which subsequently became the
covenant of the League. Speaking of his controversy with Smuts over the 1908
compromise, Gandhiji says, “Even today, I look upon the incident as a breach of faith
. . . not perhaps . . . an intentional breach of faith”; vide Satyagraha in South Africa,
Ch. XXV.
2
On March 10, 1911, Indians had requested that, in the Union Immigrants’
Restriction Bill, an amendment be made exempting educated Asiatics from provincial
registration laws and protecting the rights of wives and minor children of registered
Asiatics; vide “Transvaal Petition to Union Assembly”, 10-3-1911.
3
Smuts made this charge in his telegram of March 21, 1911 (“Telegram to
Private Secretary”, of General Smuts, 22-3-1911) in response to Gandhiji’s request
(“Telegram to Private Secretary to General Smuts”, 17-3-1911 and ; 20-3-1911) that
educated
Asiatic immigrants be exempted from orange Free State registration laws as
well. The Transvaal Leader, under its new editorship, also shared the view that the
demand was a new one. Polak wrote to the editor pointing out that “the limitation of
the number of educated indian immigrants” was accepted by Gandhiji only for the
Transvaal, and that “Natal Indians cannot be expected to permit themselves to be
deprived of rights that they already possess”. Ritch also wrote saying that, while it
was true that the immigration bill would “repeal the Transvaal immigration and
registration laws of 1907, it virtually re-enacts the Free State law which is . . .
specifically insulting to Indians”. He gave the assurance that “if the objections raised
. . . are met by amendment to the bill . . . the ‘agitation’ to which you take exception
will automatically end . . . the racial bar must . . . not apply to any part of the union.”
Indian Opinion, 15-4-1911.
4
Sorabji Shapurji Adajania; “as much of an Indian as a Parsee”, he laid the
foundation of the “second phase” of the campaign in South Africa and, entering the

328 THE COLLECTED WORKS OF MAHATMA GANDHI


the Imperial Conference1 . I do not Know. If the struggle ends, it may
be worthwhile. The Gold Law business worries me. It is such a
damnable business. One might be able to do something in that
connection. If the struggle does not end, it seems to me that I cannot
leave at all. Let Sorabji discuss the thing with you. I have instructed
Maud about the Gold Law, suggesting that she should copy my
remarks and forward [them] to the Colonial & India Offices. 2
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5419

359. LETTER TO L. W. RITCH


[CAPE TOWN ,]
Wednesday [April 5, 1911]
MY DEAR RITCH,
Your wire3 . I shall not run away hastily. I wrote a short note4 to
Lane saying I was staying for some time to see the other members. He
sent a note in reply asking me to see him at once. On going to him he
gave me the message from J.C.S. to the effect that I should reduce to
writing my two proposals. He added that Smuts did not want me to go
away empty-handed and said that the matter must be settled during
this session. Our friends may derive what hope they can from this.
Have been lobbying the whole afternoon. More tomorrow. I
have to submit my proposal tomorrow after 10-30 a. m.
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5417

Transvaal many times to test educated Indians’ rights, “suffered the longest terms of
imprisonment” in 1908 and deportation in 1909; was sent by Gandhiji to England in
1912 at Dr. Mehta’s expense to qualify as barrister; while in England was invited by
Gokhale to join the Servants of India Society; but returned to the Transvaal, did
public work among Indians and died in Johannesburg at an early age. Vide also
Satyagraha in South Africa, Ch. XXIX.
1
Originally scheduled to meet on May 22, 1911 (“Letter to L. W. Ritch”,
15-4-1911), it was held on June 19, 1911.
2
She did this; vide the preceding item.
3
Dated April 5, which read: “Strong feeling here that you should remain
unless no likelihood Bill this session”. S.N. 5412.
4
Not available

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 329


360. LETTER TO CHHAGANLAL GANDHI

Chaitra Sud 6 [April 5, 1911] 1

CHI. CHHAGANLAL,

I have your letter from Rajkot and also the one written before
that. It is a great achievement that your health is improving. That you
could not go to Poona and other places is true but as you have to
come back here soon, the elders will feel satisfied if you stay with
them as long as you can.
I am sorry to learn that Prabhu2 is ill but am not surprised at all.
I have no faith in our living conditions there. ‘Our’ means ‘our
society’s’.
Bring a good collection of Gujarati dictionaries and other useful
books with you when you come. I believe that you will bring the bills.
Bring along Anandlal if he agrees to come.
Tell Raliatbehn3 to forget her brother. When I will be able to go
to India and when I go whether I will be able to stay with her is all in
the hands of God. Phuli’s health is in her own hands. She does not
control her palate and therefore will go on suffering.
I do not feel that this time, too, we will be able to arrive at a
settlement. Yesterday, I had a long talk with Smuts. He says that it can
be done only next year. In the meantime, he does not want to arrest
anyone. How can we sit quietly the way he wants us to. I wrote to him
a strong letter yesterday.
I have sent a note to Revashankerbhai4 for your money.

1
The year is evidently 1911 as revealed from the contents; vide “Letter to
Maganlal Gandhi”, 14-2-1911 and “Fragment of Letter to Maganlal Gandhi”, “Letter
to Chhaganlal Gandhi”, 1-8-1911 and “Letter to Chhaganlal Gandhi”, 13-8-1911.
The Gujarati date Chaitra Sud 6, however, does not figure in the Panchanga of that
year. Chaitra Sud 5 corresponded to April 4, and can be accepted as the date when this
letter was written.
2
Prabhudas, addressee’s son
3
Raliatbehn Vrindavandas, sister of Gandhiji
4
Revashanker Jagjivan Jhaveri , a friend of Gandhiji and brother of Dr.
Pranjivan Mehta

330 THE COLLECTED WORKS OF MAHATMA GANDHI


Give my respect to Khushalbhai1 and Bhabhi 2 . I trust you will
return here leaving behind all the problems.
Blessings from
BAPU

From the Gujarati original: S.N. 32889

361. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 6, 1911
TO
GANDHI
JOHANNESBURG

SETTLED DRAFT PROPOSAL3 NOTHING NEED BE TAKEN


AS CERTAIN.

GANDHI

From a photostat of the original as delivered: S. N. 5421

1
Khushalchand Jivanji Gandhi, a cousin of Gandhiji and his wife,
Devbhabhi; parents of the addressee
2
ibid
3
Asked for in writing by Lane; vide the preceding item.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 331


362. LETTER TO L. W. RITCH
[CAPE TOWN ,]
Thursday [April 6, 1911]

MY DEAR RITCH,

Have seen Farrar1 , Chaplin2 , Jagger, C. P. Robinson3 , etc. Farrar


was the most sympathetic. They all agree that the Free State
contention must be granted.
Had nearly half an hour with Lane. He looked at my draft,
suggested certain alterations4 . I hope to type the thing tonight and
post it to him and copy to you.
Going to the meeting of the Committee of the Union5 .
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5423

1
Sir George Farrar (1859-1915); Chairman, East Rand Proprietary Mines; a
leader of the Progressive Party; one of the “Labour importers” who, “in the face of
organized opposition” from the Boers and other interests, agitated successfully for
the implementation of the majority Report of the Labour Commission of 1903,
which sought to introduce Asiatic workers in the Rand mines since Native workers
were unavailable; member of the Transvaal Legislative Council both before and after
Responsible Government; member of Union Parliament
2
Drummond Chaplin; a member of the House of Assembly and of the
Progressive Party, who sympathized with the Indians in some of their grievances
against the Transvaal immigration law; was the chief Opposition spokesman in the
Legislative Assembly in favour of the Indians’ Relief Bill of 1914.
3
A candidate for Union Parliament
4
Evidently in Schedules A and B of the following item
5
The Cape British Indian Union; vide “Telegram to Abdul Caadir”, 7-3-1911.

332 THE COLLECTED WORKS OF MAHATMA GANDHI


363. LETTER TO E. F. C. LANE
1
FINAL COPY
7, B UITENCINGLE [STREET,]
C APE TOWN ,
April 7, 1911
DEAR MR. LANE,

In accordance with conversation2 between us, I reduce to writing


my suggestions for bringing the Asiatic struggle in the Transvaal to a
close.
A
The new clause tabled by General Smuts to follow clause 27 in
the present Bill should be amended as follows:
Anything to the contrary notwithstanding in Act No. 36 of
1908 of the Transvaal and Chapter XXXIII of the Orange Free
State Constitution, a person who, by complying with the
conditions described in paragraph (a) of section four of this Act,
has been permitted to enter the Union shall not be deemed to be
subject to registration under the provisions of the said Act of the
Transvaal and to Clauses 1 to 6 of the said Chapter XXXIII.
(The words underlined are the additions suggested by me. )
Subject to such amendment and subject to unequivocal
protection of existing rights, especially of wives and children of lawful
residents and immigrants, the bill will be acceptable to the passive
resisters. I offer no comment on the special objections that the Cape
and Natal Indians have naturally raised, and which I think ought to
receive careful and favourable consideration.
B
As an alternative solution, I suggest as follows:
(1) The present bill be dropped.
(2) A bill to amend Transvaal Act 15 of 1907 3 be introduced and
1
These words are in Gandhiji’s hand.
2
Vide “Letter to L. W. Ritch”, 5-4-1911
3
This is the Transvaal Immigrants’ Restriction Act which came into force in
January, 1908, without, however, superseding the Asiatic Registration Act of 1907,
and against which the satyagraha campaign of 1908 was directed; for text of the Bill,

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 333


thereby
(a) The Transvaal Act 2 of 19071 be repealed “except so
far as it is applicable to the registration of minors
lawfully resident in the Transvaal”. (The wording is
taken from the first schedule to the present bill. My
reading of the reservation is that minor children of
registered Asiatics, no matter where they may be, shall
be free to enter the Transvaal and be liable to and
entitled to registration on reaching the age of 16. )
(b) The education clause of Act 15 of 1907 may be
replaced by sub-clause (a) of clause 4 of the present
bill in order, if necessary, to make the test more severe.
(c) Sub-clause 4 of section 2 of Act 15 of 1907 be
repealed.
(d) General Smuts’ new clause 28 be added mutatis
mutandis to Act 15 of 1907, without of course the
addition suggested by me and which addition is
necessary for the present bill but NOT for the
alternative solution.
In my opinion the alternative solution is the simplest; it raises no
question as to the Free State and its acceptance by General Smuts will
not only close passive resistance, but I feel sure will meet with the
entire approval of the Indian community.
This, however, does not mean that the community waives its
right to move for an amelioration of its position in many other
matters.
Yours sincerely,
M. K. GANDHI
From Indian Opinion, 15-4-1911; also photostat of typewritten copy: S. N.
5434.

vide Appendix “Transvaal Immigration Restriction Bill”, 13-7-1907”. and for the
text of the Act which is somewhat different, vide Appendix “Immigrants’ Restriction
Act”, 4-1-1908.
1
The Transvaal Asiatic Registration Act which was passed by the self-
governing Colony of the Transvaal on March 22, 1907, and received Royal assent on
May 7, 1907. It was virtually a re-enactment of its precursor, the Asiatic Law
Amendment Ordinance, which had been disallowed by the Imperial Government on
protest made against it by the Gandhi-Ally deputation of 1906. Both the Ordinance
and the Act envisaged, among other things, the compulsory registration of Asiatics
and the affixture of their finger-impressions on their certificates.

334 THE COLLECTED WORKS OF MAHATMA GANDHI


364. LETTER TO L. W. RITCH
7, B UITENCINGLE [STREET,
C APE TOWN ,]
April 7, 1911
MY DEAR RITCH,

Please tell Miss Schlesin1 that I have had no letters from there
during the last two days. I take it she did not write on Monday &
Tuesday. I have just a suspicion that the letters may have miscarried.
Herewith my letter 2 to Lane. I had a long chat with Lane
yesterday. He suggested alterations in the draft I had taken. The copy
I am sending you is the result. You will be pleased to learn that the
typing has been done by me. I have borrowed Hiranand’s typewriter.
I am finishing this letter in Lane’s office. He suggested the dropping
of the last sentence3 which he thoughts meant a threat. I told him it
could not be dropped and I told him plainly that I could not rest so
long as women were taxed, Indians could not hold landed property in
the Transvaal, & c. I told him pretty plainly that if the Gold Law
prosecu-tions4 in Klerksdorp were proceeded with, I would not hesitate
to advise & raise passive resistance. We have been talking to each
other with the utmost freedom. You will see the revised letter signed
by me. In it there is no material change. The second copy was typed
in Lane’s office. He tells me quite confidentially that the alternative
sol-ution will be accepted though he adds that J.C.S. is still in treaty
with the Free Staters. He was most eagerly waiting for my letterwhich I
brought to him somewhat late as I was engaged last night with

1
Sonja Schlesin; a Jewish girl “with a character as clear as crystal and
courage that would shame a warrior”; joined Gandhiji as a steno-typist at the age of 16
and was his Private Secretary for many years; made herself useful to Indian Opinion;
was ardently interested in the Indian cause. “When during the satyagraha days almost
everyone . . . was in jail, she led the movement single handed. She had the
management of thousands, a tremendous amount of correspondence, and Indian
Opinion on her hands, but she never wearied”; an “ardent suffragist” and the “heart
and soul” of the Transvaal Indian Women’s Association. Vide also Satyagraha in
South Africa, Ch. XXIII and An Autobiography, Part IV, Ch. XII.
2
Of April 7, 1911, a copy of which Gandhiji had promised to send Ritch in
his letter of April 6, “Letter to L.W. Ritch”, 6-4-1911.
3
Vide the preceding item.
4
Vide also “Extract from Letter to Maud Polak”, 5-4-1911

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 335


Smartt 1 who gave a very patient hearing. In the morning Campbell
Anderson interrupted me. Up to the time of writing this, I am san-
guine of the 2nd proposal2 becoming law in the course of a few days.
As I made mention about the approval of the whole community,
I have wired you for approval, 3 though really the thing has been
approved already there and here & [in] Natal. Natal went out of its
way to wire approval of the Cape resolutions.
In the circumstances I am not leaving at all for the time being.
As a matter of fact I could not have, even if I had your permission,
until I had finished seeing the members.
I enclose [a] cutting 4 from The Times. You will notice Smuts
already foreshadowing a new solution.
I hope I shall get the English mail5 tomorrow noon.
Abdurahman 6 introduced me to Smartt. They two seemed to be
rather intimate. I met Col. Crewe also though the former did not stay
for the interview.
I take it you will explain the letter to the leaders there.
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5428

1
Sir Thomas Smartt; Minister of Agriculture in the 1920 Cabinet; member of
the Unionist Party which later merged in the South Africa Party
2
Vide “Letter to E. F. C. Lane”, 7-4-1911.
3
Vide “Telegram to Johannesburg Office”, 7-4-1911.
4
Not available
5
Letters presumably received from England at Tolstoy Farm and redirected to
Gandhiji at Cape Town
6
Dr. Abdurahman; of Malay descent, a well-known physician of Cape Town;
President of the African Political Organization and member of the Cape Town
Municipality and of the pre-Union Cape Legislative Assembly; in 1909 went with the
deputation of Coloured people to England, vide “Deputation’s Voyage[—I], After
23-6-1909 in February 1910 opposed, in the Cape Town Municipal Council,
proposal to welcome the Prince of Wales, declaring he would “look upon it as a day of
mourning”; vide “The Cape Coloured People”, 26-2-1910 & “Abdurahman’s
Indignation”, 26-2-1910, also Satyagraha in South Africa, Ch. II.

336 THE COLLECTED WORKS OF MAHATMA GANDHI


365. TELEGRAM TO JOHANNESBURG OFFICE
C APE TOWN ,
April 7, 1911
TO
GANDHI
JOHANNESBURG
MY LETTER1 SECRETARY ACCEPTS AS SATISFACTORY AMEND-
MENT TRANSVAAL LAW, REPEALING ASIATIC ACT 1907,
PROTECTING MINORS, EXEMPTING EDUCATED IMMIGRANTS FROM
OPERATION ACT 36 OF 19082 . SEE KACHALIA3 OTHERS.
WIRE APPROVAL. NOT LEAVING BEFORE NEXT WEEK.
GANDHI
From a photostat of the original as delivered: S. N. 5431

366. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 7, 1911
TO
GANDHI
JOHANNESBURG
CHRIS BOTHA HAS TABLED AMENDMENT SAYING NOTHING
IN BILL SHALL REPEAL ANY SECTION 33 ORANGIA.
THIS SIGNIFIES ALTERNATIVE4 LIKELY ACCEPTANCE.
GANDHI
From a photostat of original as delivered: S. N. 543

1
Vide “Letter to E. F. C. Lane”, 7-4-1911.
2
The Transvaal Asiatics Registration Amendment Act born of the Gandhi-
Smuts compromise of 1908. The Indians, however, continued their opposition to it
since it did not incorporate the compromise proposals as understood by them.
3
Ahmad Muhammad Cachalia; originally an interpreter, hawker and trader
with “a working knowledge of English”, he first addressed a public meeting of
Indians, held on June 30, 1907, to protest against the Asiatic Law Amendment Act; in
September, 1908, succeeded Essop Mia as Chairman of the BIA; “sacrificed his all for
the community’s sake” and allowed his flourishing business to be auctioned in order
to pay off his creditors who refused to deal with a satyagrahi merchant; died in 1918,
“serving the community till the last”; vide “Johannesburg Letter”, 7-9-1908, ;
19-9-1908 & “Letter to Rand Daily Mail”, 22-1-1909, also Satyagraha in South
Africa, Ch. XVI.
4
Vide “Letter to E. F. C. Lane”, 7-4-1911

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 337


367. LETTER TO HERMANN KALLENBACH
7 BUITENSINGLE,
April 8 [1911] 1
MY DEAR LOWER HOUSE,

You are certainly not regular about letters this time.


This proposed London visit causes me a deal of worry. Again to
leave Mrs. Gandhi and the two youngsters, again to masquerade in the
wretched costume, etc. You know here I have not observed the rules of
decency. I go about the House of Assembly and to Smuts in sandals
and my usual jacket. I wore the shoes for two days. I saw that they
were uncomfortable and really not necessary. So I discarded them. I
am none the worse received for that reason. You will say perhaps it is
because the men I meet are too gentlemanly, not that I am wise or
right in breaking the social convention. If you did say so, you would
probably be right. But that is just my position. If it were not for the
passive resisters who are anxious for a settlement and for Polak, whom
I want to see in London with his wife, probably I would not make even
this effort and simply trust to passive resistance pure and simple to do
its work. 2 What is one to do. I am torn by confliction emotions as to
this London visit. Now you have the whole thought running through
my mind.
Still on saltless diet. It causes me no worry. The quantity I take
now is very small. I have little exercise.
With love,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

1
By an error the letter appears here. The date-line and contents corroborate
the year 1911. It should therefore be read in the order of chronology as item no. 38,
i.e., after the one to the addressee dated [April 5, 1911].
2
Gandhiji’s “worry” crystallized in the years to follow into stout advocacy of
the Indian national costume for Indians. For a defence of “his manner of dressing”,
vide “Reply Regarding Dress to the Poineer”, 30-7-1917.

338 THE COLLECTED WORKS OF MAHATMA GANDHI


368. LETTER TO E. F. C. LANE
7, B UITENCINGLE [STREET,]
C APE TOWN ,
April 8, 1911
DEAR MR. LANE,
I have now heard in reply to my wires to Durban 1 and Johann-
esburg2 .
The Durban wire from the Congress says:
Thanks if Bill withdrawn and Transvaal law altered. Effect settlement, Natal
Indians entirely satisfied.
The Cape Indians have already suggested the alternative
solution.
The Johannesburg wire from the British Indian Association says:
Your wires received and discussed. We take it that provision also made for
right of entry some educated Asiatics; if so, fully acquiesce in settlement.
Don’t leave till all settled.
C ACHALIA
C HAIRMAN
I have naturally assumed all along that, whichever proposal is
accepted, a certain number of Asiatics not exceeding six in any one
year will be allowed on account of the Transvaal to pass the education
test and to enter the Union or the Transvaal, as the case may be.
I observe that Mr. Chris Botha has tabled a drastic, and from an
Indian standpoint, an impossible amendment3 to the Bill.
Yours sincerely,
M. K. GANDHI
From Indian Opinion, 15-4-1911; also photostat of typewritten office copy:
S. N. 5440

369. LETTER TO L. W. RITCH


7, B UITENCINGLE [STREET,
C APE TOWN ,]
April 8, 1911
MY DEAR RITCH,
I have your letter. I hope you are comfortably fixed up at
1
Not available
2
Vide “Telegram to Johannesburg Office”, 7-4-1911
3
Vide the following item.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 339


Mountain View1 . I hope, both you and Harold2 will do a bit of
gardening—Harold specially.
I will try to pass a day at Kimberley on my return. I shall speak
to Nooroodeen about the Konkanis.3
Here is Botha’s amendment4 :
Nothing in this (28th) section or in any other section of this Act
contained shall repeal any of the provisions of Chapter XXXIII of the
Law Book of the Orange Free State Province.
Fancy this, after all his assurance to me! However, I am glad.
This amendment kills the Bill and General Smuts will be bound, if he
wishes to settle the question, to amend the Transvaal Act.
I have not been able to see any members today. Rev. Allmett of
Lahore has taken up my morning. He is Bishop Lefroy’s man and did
something when Polak was in India.
As you will see from the enclosed5 , I have made use of the BIA
wire as also the Natal Congress wire.
Sorabji again returns to the London visit. If I go at all, I feel
sure, I ought to be accompanied by a Mahomedan. It has a threefold
purpose. It will be a source of satisfaction to the community here, it
will give added weight to the representatives in London and it will
have a far-reaching effect in India. And fourthly, if you like, it would
be good training for Mr. Cachalia who is certainly one of the rarest
among the Mahomedans. But if the Bill is not brought up next week, I
do not see how I can go at all. I should be in London at least a week
before the date of the conference 6 . Unless I am to rush, not to go to
Phoenix at all and possibly not even come to Jo’burg, I think the visit
is impossible. Please consider all these practical difficulties.
Have you yet had any legal work? Have you taken your oath as
solicitor? Have you notified the Law Society?
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5437

1
Kallenbach’s Johannesburg house
2
Ritch’s son
3
At Kimberley the Konkanis, a Muslim community from the Western coast of
India, did not cooperate with the Indian Political Association. Gandhiji asked
Nooroodeen, apparently a Cape Town Konkani leader, to intervene.
4
Vide “Telegram to Johannesburg Office”, 7-4-1911 and the preceding item.
5
Vide the preceding item.
6
The Imperial Conference; vide “Letter to L. W. Ritch”, 5-4-1911.

340 THE COLLECTED WORKS OF MAHATMA GANDHI


370. TELEGRAM TO JOHANNESBURG OFFICE
C APE TOWN ,
April 8, 1911
TO
GANDHI
JOHANNESBURG
ONLY SLIGHT PROSPECT MATTER1 COMING NEXT WEEK.
GANDHI
From a photostat of the original as delivered: S. N. 5439

371. LETTER TO L. W. RITCH


[CAPE TOWN ,]
Sunday, April 9, 1911
MY DEAR RITCH,

I had a funny experience after I posted the letters 2 to you and


Polak 3 . I thought, I would stroll down to the House just to see what
wasgoing on. After reading the order paper 4 , I thought, I would go
away. But, on second thoughts, I decided to send my card to Duncan5 .
1
The Immigrants’ Restriction Bill.
2
Vide “Letter to L. W. Ritch”, 8-4-1911. The letter to Polak, however, is not
available.
3
Henry Solomon Leon Polak; assistant editor of The Transvaal Critic who
joined Indian Opinion (“Our Trial”, 31-12-1904) after Gandhiji had struck up a
“casual” acquaintance with him in the Johannesburg vegetarian restaurant; “had a
wonderful faculty of translating into practice anything that appealed to his intellect”;
he took to life in Phoenix “like a duck takes to water” and “we began to live like
blood brothers, ” says Gandhiji who was also best man at his wedding; became editor
of Indian Opinion in 1906 during Gandhiji’s absence in England and a full-fledged
attorney in 1908 after having served an apprenticeship with Gandhiji; was arrested
after the Great March into the Transvaal in 1913; visited India and England to help
the African Indian cause. Vide An Autobiography, Part IV, Ch. XVIII, XXI & XXII and
Satyagraha in South Africa, Ch. XXIII & XLV.
4
Giving notice of Chris Botha’s amendment to retain Ch. XXXIII of the
Orange Free State Constitution in the proposed immigration legislation.
5
Partick Duncan; member of the Transvaal Legislative Assembly; Colonial
Secretary of the Transvaal, 1903-6, while it was still a self-governing colony;
initiated in 1906 the Transvaal Asiatic Law Amendment Ordinance in the face of
Indian opposition; the Golden Number of Indian Opinion (1914), however, mentions
that he had since become more sensible of “the Imperial issues involved” in the
Indian question and had “advocated measures of redress” for Indians.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 341


He came and said, “Perhaps it would be better for us not to talk lest it
might be thought that you were influencing me.” I said, “Not [at] all.
I have been informing Lane about all my movements. He knows
whom I see and talk to.” “But”, he said, “you need not worry. I
think you will get what you want. It is high time the thing was over.”
“But”, I said, “do you know anything of the latest[?].” “Yes”, he
said, “General Smuts showed me your letter1 to him. I think, we shall
drop the present Bill and adopt your alternative solution. But you will
not bring in anything more. “I said, “How can you say that, Mr.
Duncan? You have yourself stated our proposition very fairly.”
“Yes”, he said, “I notice you have been quoting me. But you have
not always brought that point forward. I thought at times you kept it
in the background.” “I could not help giving that appearance at
times,” I said, “we had to give prominence to one point or another as
occasion required unless we were to overload every speech and letter
with details. It is General Smuts who has always raised new points and
each time granted less than our demands, etc.” He then wanted to
know what I wanted about children, whether I wanted them to get in
without giving proofs, etc. I assured him on that point. But I could not
help noticing how unfortunate it was that Smuts had seen him before
I, and how fortunate it was that I saw him yesterday whilst his talk with
Smuts was fresh in his mind. After this experience, I have decided to
stick here until the Bill is through or I am certain that nothing is to be
done. One may consider it to be pretty certain that the general bill is
doomed, and I am more than ever hopeful that the alternative
proposal will be accepted.
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5441

1
Vide “Letter to E. F. C. Lane”, 7-4-1911

342 THE COLLECTED WORKS OF MAHATMA GANDHI


372. LETTER TO L. W. RITCH
[CAPE TOWN ,]
Monday [April 10, 1911]
MY DEAR RITCH,

I have not yet been out today (2 p.m.); have been simply writing
letters. 1
I have your 3 letters.
You may depend upon it that anything that the good General
gives is bound to be a mock-concession. It will be for us to turn it into
a reality. He will put nothing into my hands so long as he can help it.
I hope that you have arranged with Titus about fees.
If the Klerksdorp friends have not come to you, you should
write and invite them to see you.
It will be a great pity if Mr. Phillips2 goes away and I am unable
to see him before he does. I hope there will be Mr. Cachalia and
others to see him off.
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5442

373. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 10, 1911
TO
GANDHI
JOHANNESBURG
TAKE PRESENT BILL AS DEAD. UNCERTAIN WHEN TRANS-
VAAL BILL COMING.

From a photostat of the original as delivered: S. N. 5443

1
Only this letter and the two following items written on this day are
available.
2
Rev. Charles Phillips; Congregational Minister for the Transvaal and “an
energetic and persistent sympathizer of the Indian cause”; sometime Acting Chairman
of the European Committee of Sympathizers. He was then “leaving for England on a
health trip”.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 343


374. LETTER TO MAGANLAL GANDHI
[CAPE TOWN ,]
Chaitra Sud 12 [April 10, 1911] 1
CHI. MAGANLAL,

I am a bit tired, having written many letters today with my right


hand. Hence this with the left.
I wonder why my letter2 regarding diet reached you so late.
I am not upset by the picture you have drawn of Durban.
Hindus as well as others, especially the former, do not generally go
abroad so long as they stick to their religion. We rarely find persons
going abroad for the good of others. We ourselves were not inspired
by high ideals when we left India. If our outlook happens to be
somewhat pure, we must have to our credit some goods deeds done in
the past. The Hindus here are in a debased state as their way of life has
fallen into complete disorder. Both the communities make a
distinction between the Hindu and the Mussalman and that is why
persons like Anglia Sheth3 raise the question you mention. However,
you must have seen that the work can be carried on if there are two or
three good workers.
Please read Gulliver’s Travels some time if you have not already
done so. How is your Tamil progressing?
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: CW. 5627. Courtesy:
Radhabehn Choudhri

1
Gandhiji’s preoccupation with diet, which is mentioned in para 2 of the
letter, began in 1911. In that year, Chaitra Sud 12 corresponds to April 10. This
assumption is borne out by a further reference to Gulliver’s Travels in his “Letter to
Maganlal Gandhi”, 18-5-1911.
2
Vide “Letter to Maganlal Gandhi”, 9-3-1911.
3
M. C. Anglia; a leading Durban Muslim and Joint Secretary of the Natal
Indian Congress; suffered deportation and imprisonment in the satyagraha campaign
against the Transvaal Asiatic Registration Act; in 1909, went to England as a member
of the Natal Deputation; vide “Comments on Transvaal Indian Campaign”,
28-8-1908; “London”, 6-8-1909 and “statement of Natal Indian Grievances”,
10-8-1909.

344 THE COLLECTED WORKS OF MAHATMA GANDHI


375. LETTER TO L.W. RITCH
7, B UITENCINGLE [STREET,
C APE TOWN ,]
April 11, 1911
MY DEAR RITCH,

I have nothing to report today. I have your wire about Madras. I


am just now going to Lane and [will] then decide upon the answer to
be given.
Yours sincerely,
M. K. GANDHI
[PS.]
Nothing to be known before next week. That is Smuts’ answer1 .
More tomorrow.

From a photostat of the original in Gandhiji’s hand: S. N. 5450

376. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 11, 1911
TO
GANDHI
JOHANNESBURG

SECRETARY WRITES NOTHING WILL BE KNOWN BEFORE


END WEEK. CABLE MADRAS. MATTER OCCUPYING GOVERN-
MENT CABLING FURTHER LATER. AM STAYING TILL THING
FINISHED.
GANDHI

From a photostat of the original as delivered: S. N. 5453

1
Vide Appendix “Lane’s Letter to Gandhiji”, 11-4-1911.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 345


377. LETTER TO L.W. RITCH
[CAPE TOWN ]
April 12, 1911
MY DEAR RITCH,
I thought that I would ask Lane whether he could give me
definite information for cabling to Madras. Smuts was not then in.
Lane therefore went over to the House and sent me a letter 1 as per
copy. I hope you understood my wire2 sent to you thereafter. So that
now we must wait the whole of this week. From Friday, there will be
no work till Monday. The House meets again on Tuesday. I think we
are bound to get definite information next week. Smuts is in no hurry.
He certainly would like to prolong the agony if he could. We can but
wait. I am not now seeing any member. I think that I have seen the
principal ones and that now it would be better to refrain.
I am anxiously waiting to know how you are getting on there.
You do not seem to have got any work yet.
Please ask Miss Schlesin to send me Dr. Mehta’s manuscript. He
says he had sent a certain speech, & c. I should like to have it here. I
want also Finot’s Race Prejudice. I think that book is among Polak’s
books. I want it at once for Canon Allmett who is here but who is
leaving for England shortly.
How is Harold keeping in health? The weather here is most
oppressive. How do you manage for cooking, & c.?
Yours sincerely,
M. K. GANDHI
[PS.]
Please ask Miss S. to sent the enclosed to Mr. Barrett of Pretoria,
whose address she knows or ought to, telling him that the letter
unfortunately went by mistake to England from where it has only now
been returned. She should add that I would do my best to sent him
something as soon as I was free.
M. K.G.
[PPS.]
From Friday to Saturday I am not wiring as there will be
holidays during that time.
From a photostat of the original in Gandhiji’s hand: S. N. 5458

1
Vide Appendix “ Lane’s Letter to Gandhiji”, 11-4-1911
2
Vide the preceding item.

346 THE COLLECTED WORKS OF MAHATMA GANDHI


378. TELEGRAM TO JOHANNESBURG OFFICE
C APE TOWN ,
April 12, 1911
TO
GANDHI
JOHANNESBURG
NO FURTHER PROGRESS. WILL NOT WIRE TILL TUESDAY
UNLESS REQUIRED. WHEN PHILLIPS LEAVING.1
GANDHI

From a photostat of the original as delivered: S. N. 5459

379. LETTER TO H. S. L. POLAK


April 12, 1911
MY DEAR HENRY,
2
Herewith copy of Lane’s letter. Ritch telegraphed saying
Madras wanted to know my views on the amendments to the Bill. I
thought I would ask Lane as to what he thought about the situation
before I cabled. 3 The letter was the result. I have now asked Ritch to
cable Madras that the Government is considering the situation and that
another cable will be sent later. We may expect some definite news
next week. If Finot’s Race Prejudice is there, please send it to me. I
want it for Canon Allmett.
I have your 2nd wire. It was difficult for me to advise. But I
have wired you what I thought was best in the circumstances.
Do you know anything about Max Nordeau? What kind of a
man is he? I mean what is his private life? I am reading his book on
Degeneration.
Yours sincerely,
BHAI

From the original: Gandhi-Polak Correspondence. Courtesy: National Archives


of India

1
Phillips and Cartwright left Johannesburg on April 10 and sailed by the
Carisbrook from Delagoa Bay on the 12th; vide also “Letter to L. W. Ritch”,
10-4-1911
2
E.F.C. Lane, Private Secretary to General Smuts.
3
Vide “Letter to L.W. Ritch”, 12-4-1911.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 347


380. LETTER TO L. W. RITCH
[CAPE TOWN ,]
Thursday [April 13, 1911] 1
MY DEAR RITCH,

Nothing new. I won’t say much, as I am off to Dr. Gool’s 2


dispensary whose floor I have undertaken to stain and putty. I have
replied by wire3 regarding the proposed meeting. A public meeting
should not be convened except to pass [a] definite resolution electing
a deputation. No public meeting should be held for a mere discussion.
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5426

381. LETTER TO L.W. RITCH


[CAPE TOWN ,]
Thursday night [April 13, 1911] 4
MY DEAR RITCH,

I hope you understood my wire5 .


I think that we ought not to have a public meeting unless the
matter has been informally but thoroughly decided. A public meeting
discussing the matter of a deputation and then deciding against it may

1
This letter is undated but Ritch, writing to Gandhiji on April 17 (S. N.
5469), acknowledged two letters from him, both written on Thursday, one
mentioning the stain-ing and puttying of Dr. Gool’s dispensary floor and the other
discussing the subject dealt with in the following item. Evidently, therefore, both
these letters were written on Thursday, April 13, 1911.
2
Abdul Hamid Gool; a Cape Town doctor who took his medical degree in
England in 1910; became, on his return, honorary Joint Secretary of the Cape British
Indian Union, which was formed by the merger of the two rival Indian bodies in that
Province; in 1911, became President of the Union, which office he resigned later that
year; Gandhiji was constantly persuading him to take up public work and suggested to
Ritch that the young doctor should be more closely associated with Cape Indian
affairs; vide “Hamid Gool”, 26-11-1910 , “Dr. Gool”, 14-1-1911 & “Letter to Abdul
Hamid Gool”, 2-3-1911.
3
Not available
4
Vide 2nd footnote of “Letter to L.W. Ritch”, 13-4-1911.
5
Not available

348 THE COLLECTED WORKS OF MAHATMA GANDHI


be misinterpreted. 1
I am quite sure that a Mahomedan must accompany any such
deputation. Remember, this time the deputation is not to go on a
clear-cut issue. The special interests of merchants will be considered.
And a merchant and that a Moslem must be on it if is to carry weight.
That it should be Mr. Cachalia, I have not the slightest doubt. If the
community chooses a mischief-maker out of weakness, it will do it
harm in the long run. It should be prepared by this time to say to
weak men, ‘You are weak and therefore you cannot represent the
community’. It is my firm conviction that the struggle has been
prolonged because the community has shown weakness and has been
afraid of mischief-makers. Nor should there be any haggling
regarding expenses. The community will have to subscribe liberally
and that at once, if the deputation is to go. Upon my return there, I
shall have precious little time left. Every time money has come at the
eleventh hour. And I suggest that the whole sum is put down now. I
do not want you or anybody afterwards to have to worry about
collecting.
Will you please forward this to Henry2 as I am not duplicating
the thought in my letter3 to him.
Parliament is sitting on Saturday and Monday too!
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5427

1
To this, Ritch, in his letter of April 17, 1911, replied: “Your meaning as to
the meeting was quite well understood; the project has been abandoned. The reasons
you point out are to me sufficiently convincing.” S. N. 5469.
2
H.S.L. Polak
3
Not available

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 349


382. LETTER TO HERMANN KALLENBACH
Unrevised
April 14, 1911
MY DEAR LOWER HOUSE,
L.H. says ‘ I AM COMING’. U.H. says ‘ I AM NOT SURE WE ARE
GOING.’So you had better be careful in order to avoid disappointment.
When I seriously think of it my head turns. I certainly want to be with
Mrs. Gandhi and the children for some little time. The idea of another
deputation is absolutely repulsive.1 I am not at all sure that it is my
duty to be present at the Conference. But I am sure that it is my duty
to be on the Farm and with Mrs. Gandhi and the children; it is my
duty to be with the boys on the Farm; it is my duty to be with the
women on the Farm; it is my duty to send Polak away at the earliest
opportunity 2 ; it is my duty to help Ritch to build up his practice; and
if passive resistance is still to go on, it is my duty to seek
imprisonment and if I cannot get that, at least to do what I can for the
dependents of passive resisters. All the above catalogue can be gone
through if I am in the Transvaal. Put all the above in one scale and the
proposed visit to the Conference in the other and find out which
weighs heavier. I am in a fog. I am therefore leaving the things to
shape themselves.
You can talk light-heartedly about going to Germany. But what
about the Farm, the fencing, the borehole, Mountain View, your office
and a host of such other things? They all require careful thinking out,
before you can stir from Johannesburg. It will be easier for you to go
if I remained behind. The problem becomes doubly difficult if we
both must go.
I hope Gordon is getting on. Pray remember me to him.
I understand that today is your fasting day. Wish you well in
every respect.
You say autumn has set in there. We are being boiled here. The
heat is very severe.
I had a day of manual labour yesterday. (I have marked the

1
The British Indian Association decided on April 27, 1911 to withdraw the
proposal to send a deputation to England, consisting of Cachalia and Gandhiji; vide
“Transvaal Notes”, 2-5-1911.
2
Vide “Letter to Maganlal Gandhi”, 9-3-1911. Polak left Johannesburg for
London on May 1.

350 THE COLLECTED WORKS OF MAHATMA GANDHI


letter 14th but I am writing this at 9.30 p.m. 13th). I am staining and
polishing the floor of Dr. Gool’s surgery. I love the work. I have to
finish it tomorrow, the 14th.
I have now to await developments here. May know something
on Saturday.
You make no mention of Kennedy.
With love,
Yours sincerely,
UPPER HOUSE
From the original: Gandhi-Kallenbach Correspondence. Courtesy: National
Archives of India

383. RITCH IN JOHANNESBURG


Mr. Ritch has started legal practice in Johannesburg.1 We have
not come across a single Indian who has not acknowledged his
valuable services. Felicitating him is of course a way of recompensing
him for his services. Another way is to seek and follow his advice.
Now that he has started practice, it is also the community’s duty to
extend to him their patronage. We trust all those who need the services
of a lawyer will engage Mr. Ritch and so show their readiness to
encourage him.
[From Gujarati]
Indian Opinion, 15-4-1911

384. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 15, 1911
11 a.m.
TO
GANDHI
JOHANNESBURG
TALK PASSING GENERAL BILL REVIVED. FREE STATERS MAY
CONSENT. NOTHING KNOWN BEFORE WEDNESDAY.
GANDHI
From a photostat of the original as delivered: S. N. 5465

1
Ritch arrived in Johannesburg on April 5, 1911 and commenced practice at
Gandhiji’s Office, 21-24, Court Chambers, Rissik Street.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 351


385. TELEGRAM TO H. S. L. POLAK
[CAPE TOWN ,
April 15, 1911] 1

GENERAL BILL MAY PASS. KNOW DEFINITELY PROBABLY


WEDNESDAY.

From a photostat of Polak’s letter to Ritch: S. N. 5464

386. LETTER TO L. W. RITCH


[CAPE TOWN ,]
April 15, 1911
UNREVISED

MY DEAR RITCH,

I have your letters. I hope you will read up some S.A. cases on
libel & slander & look [up] Van Zyl for your summons.
Our question is passing thro’ many ups & downs. Lane told me
today that they were bound to fix up two things before the end of the
session: minors’ . . . 2 & Immigration. He added that J. C. S. was
conferring with Lord Gladstone3 and the Free State members. He
naturally wants to pass his measure. He sees much beyond the Free
Staters. So that we may still have the general bill. My latest bulletin
is—a close race between the two proposals. If the general bill goes
thro’, the Free State bar will be removed. Lane told me he might give
me some definite information on Wednesday.
As to the London visit4 the following was the train of my

1
Writing to Ritch from Durban on April 15, Polak quotes the telegram which
he has just received. S. N. 5464.
2
Some words are illegible here.
3
Herbert John Gladstone (1854-1930); 1st Viscount Gladstone; English
statesman; Member of Parliament, 1880-1910; successively Financial Secretary, War
Office, Under-Secretary, Home Office and Secretary of State for Home Affairs; in 1910
was appointed the first Governor-General and High Commissioner for South Africa
which post he held till 1914.
4
Vide “Letter to L. W. Ritch”, 5-4-1911.

352 THE COLLECTED WORKS OF MAHATMA GANDHI


thought in the morning. What is a deputation to do in London? The
Imperial Conference will be concerned with general principles, not
details. If p[assive] r[esistance] be closed, our question will largely
consist of details. It is possible to do something with the Colonial
Secretary. But has that time yet arrived? May it not be better to await
developments here? On the other hand, may not a deputation prevent
the threatened Gold Law measures, & c[?]
Thus, there are arguments for and against. It seems to me that if
a deputation is to be sent, we should send the following cable1 :
Cable Lord Ampthill’s opinion regarding small deputation
proceeding view Imperial Conference although passive
resistance may end other local grievances serious specially
threatened action Gold Law.
I am of opinion that such a cable should be sent only after the
community is ready to send a deputation in the event of an affirmative
reply.
Now for the dates. The conference meets on the 22nd May
Monday. I cannot leave next Wednesday the 19th, hardly on the 26th.
There then remains the last & the only date, the 3rd May. That will
bring the deptn. to London on the 20th May? It could hardly make
any impression on the Conference. The 22nd will be merely a formal
affair.
As to Cape Town, not a penny need be expected. They will
support. They have neither the men nor [the] money. Of Durban, I
know nothing. If they find [the] money, they would want to send their
own delegate. So that the Transvaal alone will have to find the funds
but the work will have to be for all.
My instinct decides against any such deputation.
Mrs. Ernest is anxious to learn from Miss Knudsen2 .
I shall write to MacIntyre3 .

1
Evidently to the SABI Committee, London
2
A Johannesburg masseuse who had offered to train a few young Indian
women
3
W.J. McIntyre; Scottish Theosophist and solicitor’s clerk articled to
Gandhiji

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 353


I am writing to Joseph1 & Quinn2 who were to be discharged on
the 18th. 3
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5466

387. LETTER TO L. W. RITCH


[CAPE TOWN ,]
April 17, 1911
MY DEAR RITCH,

I have your letter. I did not write to you yesterday. There was
nothing to write about. I have written a leaderette4 in the Guj. columns
of I.O. showing how the public can, if they wish to, appreciate your
work. It should have been printed last Saturday.
If Lane is right, we should have the definite result known this
week. Though Smuts would like to do it, I cannot imagine the thing
being carried over to the Coronation time. However, it is no use
speculating. If there is disappointment again on Wednesday, we
should still know the worst before many more days have gone by.
1
Joseph Royeppen; born in Natal of indentured Indian parents; barrister-at-
law and graduate of Cambridge University; was one of the five student-signatories to a
representation to Lord Elgin against the Asiatic Law Amendment Ordinance (vide
“Representation to Lord Elgin”, 3-11-1906 & “British Indians in the Transvaal”,
8-11-1906) and generally helped the Transvaal Indian Deputation (1906) during its
stay in England; later, on his return to South Africa in 1910, repeatedly suffered
imprisonment and deportation; vide “Royeppen Sentenced”, 5-2-1910; “German East
Africa Lines Steamers”, 28-5-1910; “Joseph Royeppen”, 28-5-1910; “Letter to The
Press”, 2-6-1910 & “Cable to S.A.B.I. Committee”, 28-7-1910 and Satyagraha in
South Africa, Ch XXX.
2
Leung Quinn; “leader of the Chinese residents of Johannesburg” and
Chairman of the Chinese Association and the Cantonese Club; a signatory to the
“compromise letter” to Smuts in 1908, vide “Letter to Colonial Secretary”,
28-1-1908.; burned his registration certificate in protest against the Asiatic
Registration Act (“Petition to Transvaal Legislative Assembly”, 13-8-1908) and
suffered imprisonment in 1909; vide “Speech at Reception to Aswat And Quinn”,
2-6-1909 & “Speech at Tea Party”, 2-6-1909.
3
If Gandhiji wrote these letters, they are not available.
4
Vide “Rich in Johannesburg”, 15-4-1911

354 THE COLLECTED WORKS OF MAHATMA GANDHI


I do hope that Gregorowski1 will be able to go to Bloemfontein.2
It will be very sad if he cannot. In that event it would be better to ask
Lapin to send whom he likes. If there is anything definite on
Wednesday, I propose to ask for relief for Mrs. Sodha3 . This will be in
your hands on Thursday. I may therefore wire 4 tomorrow regarding
this matter.
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5468

388. LETTER TO L. W. RITCH


[CAPE TOWN ]
April 18, 1911
MY DEAR RITCH,

I am sorry I have nothing yet to report. I am somewhat


impatiently looking forward to tomorrow 10.30. It seems to me that
disappointment awaits me again. Lane will tell me he has nothing
definite to tell me. What is likely to happen is that at the last moment
Smuts will rush his measure thro’ whatever it may be. That will mean
that he will give us the letter and we will have to force him to fulfil the
spirit.
I have asked for information about the Sodha appeal. If Greg-

1
R. Gregorowski; a Johannesburg lawyer whose opinion Gandhi frequently
sought on legal and constitutional matters; later he appeared as counsel for
satyagrahis in law courts; vide “Letter to R. Gregorowski”, 2-3-1911 & “Letter to E.
F. C. Lane”, 4-3-1911.
2
For the appeal in Rambhabai sodha’s case. Gregorowski did go but the
appeal, heard on April 22, was dismissed with costs.
3
Rambhabai Rattanshi Sodha, wife of R.M. Sodha, a passive resister.
Gandhiji decided to maintain her at Tolstoy Farm with her three children for the
duration of her husband’s absence in jail, but she was arrested while crossing into the
Transvaal in November, 1910; vide “Telegram to Minister of Interior”, 8-11-1910 &
“Letter to thee Press”, 14-11-1910 . A Johannesburg magistrate sentenced her to fine
of £10 and a month’s imprisonment which the High Court, on appeal, reduced to a
simple fine; vide “Trial of Rambhabai R. Sodha”, 30-12-1910 & “Rambhabai
Sodha”, 4-3-1911. A further appeal was then filed with the court at Bloemfontein.
4
The telegram, if sent, is not available.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 355


orowski cannot go, I hope that you will have fixed up some decent
counsel.
Yours sincerely,
M. K. GANDHI
[PS.]
Please tell Miss Schlesin that I have duly received Finot and Dr.
Mehta’s speech.1
From a photostat of the original in Gandhiji’s hand: S. N. 5471

389. TELEGRAM TO JOHANNESBURG OFFICE


C APE TOWN ,
April 19, 1911
TO
GANDHI
JOHANNESBURG
[SMUTS] WISHES PASS GENERAL BILL REMOVING FREE
STATE BAR BUT CONSIDERS POSSIBLE HE MAY NOT
THIS SESSION MEANWHILE DOES NOT WANT AGITATION.
IF SODHA APPEAL UNSUCCESSFUL DOES NOT WANT
IMPRISON HER..2 AM STAYING IF BILL NOT PASSED.
CONSIDER ENGLISH VISIT 3 ESSENTIAL SITUATION REQUIRES
CAREFUL CONSIDERATION.
GANDHI
From a Photostat of the original as delivered: S. N. 5475

390. LETTER TO HERMANN KALLENBACH


C APE TOWN ,
April 19, 1911
MY DEAR LOWER HOUSE,

You will see the interview and my letter to Ritch. The interview
will flatter you. Smuts was very gushing about you.4 He has evidently

1
Vide “Letter to L. W. Ritch”, 12-4-1911
2
Vide the following item and “Abstract of Interview with General Smuts”,
19-4-1911.
3
Vide “Letter to L. W. Ritch”, 15-4-1911
4
For Gandhiji’s interview earlier on in the day with General Smuts, vide
“Abstract of Interview with General Smuts”, 19-4-1911.

356 THE COLLECTED WORKS OF MAHATMA GANDHI


heard a lot of you. He almost gave one the impression that he had met
you.
In the circumstances I feel I ought to go to London if it is at all
possible. But I can only go if perfect peace can be secured at the Farm
and if Cachalia comes and funds are found by the Community.
I am even prepared to leave from here directly if necessary.
There has been nothing from you now for sometime.
If Thyagarajan and Subbiah wish to go, let them go please.
I was very sorry to learn about the quarrel between Naidoo and
Medh. I thought of this when I told Smuts (without your permission)
that we shall be glad to see him on the Farm.
With love,
Yours sincerely,
UPPER HOUSE
From the original: Gandhi-Kallenbach Correspondence. Courtesy: National
Archives of India

391 LETTER TO GENERAL SMUTS


[CAPE TOWN ]
April 19, 1911
DEAR GENERAL SMUTS,

After having thought over our conversation1 of this morning, I


feel that I should place the position frankly before you.
If the question is not settled during the present session, the
prospect of passive resisters remaining totally inactive is too appalling
to contemplate. There are men on Tolstoy Farm with their families
who are pecuniarily ruined. There are others outside in the same
position. If they are not to court arrest or are to avoid it, their
movements must be hampered. If they cannot for instance go to Natal
and return without being challenged at the Border. Some who are
traders cannot trade because they will not produce their registration
certificate[s] so long as the struggle lasts. I should have nothing to say
about all this misery if we were conducting an active campaign. But, to
continue using military terms, our conversation contemplates a truce
for a year or longer i.e., until the Parliament meets again. I do not

1
Vide the following item.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 357


know how this is to be done. As you know the campaign has cost us
heavily, and our monthly expenditure for supporting families, &c., is
naturally great. If we are to again start begging, we must agitate here,
in India and in England. There are men from Natal. They have
broken up everything. Are we to keep them for months in a state of
suspense?
I am sincerely anxious to help you, but I do not know how I
could promise inactivity on the part of the passive resisters. What you,
the Imperial Government and I want to avoid is the ferment. I fear
that, in the nature of things, it is well nigh impossible to avoid it if the
matter is not closed during this session.
On the other hand, it will be churlish for me not to appreciate
your own difficulty, especially at the fag-end of an exhausting
session. You have many difficult questions to solve. Indians know at
present only one. But I confess that I do not apprehend the difficulty
your legal advisers do as to the alternative solution suggested by me.
Seeing that you want some day or other to pass the general bill, there
is no reason why the Transvaal Province may not anticipate the
education test of that bill. It will keep out not a single white man
whom you may want in the Transvaal and it will keep out all the
Indians save six highly educated men per year. So far as I have been
able to gauge the feeling of the leaders of the opposition, they will not
raise any opposition. All will understand that the solution will be
tentative and intended to meet the trouble in the Transvaal. The Free
Staters will have a long time to consider your general bill and at the
next session all will start anew. Is it too much then, sorely tried though
you are with many other troubles, to ask you to remove the serious
handicap in the way of my countrymen, and enable them to take their
humble share in the approaching Coronation festivities[?]
As this letter is of a very personal nature and arises out [of] a
conversation part of which you wish shall remain confidential, I will
not publish [it] without your authority.
I remain,
Yours faithfully,
[PS.] As Mrs. Sodha’s appeal comes up on Saturday at
Bloemfontein, why not now instruct the Attorney General not to arrest
her in the event of its being lost by her.
From a photostat of the draft in Gandhiji’s hand: S. N. 5477

358 THE COLLECTED WORKS OF MAHATMA GANDHI


392. ABSTRACT OF INTERVIEW WITH GENERAL SMUTS1
[CAPE TOWN , ]
April 19, 1911
UNREVISED
Nothing to be published
To be ketp in the safe aft[er] perusal
ABSTRACT OF AN INTERVIEW BET[WEEN ] J. C. S. AND G .
AT 11.30 P. M. 2 19-IV-11

The General was extra cordial. S. [& G. ] are such friends that
they have left off shaking hands. But at this interview there was a
hearty handshake.
“Well, Gandhi, I am sorry for you. You have been long
delayed, but what can I do? You will insist on enjoying yourself in
Cape Town,” commenced G. S drawing, while speaking as above, a
chair near his and asking G. to be seated.
“You, as a lawyer, will understand when I tell you that it is
difficult to carry out your alternative suggestion3 .” G. S. turns away
from G., appears to [be] looking at something in his basket and con-
tinues, “Gandhi my boy, I am sorry for you. You know I want
peace.” (I suppose he is having a quiet laugh while saying all this.)
“But”, looking now towards G., “my advisers consider that your
suggestion cannot be carried out. How can we keep out whites from
the other provinces[?] Parliament will not pass such a bill. I therefore
want to pass my bill which I like and which I consider is fair. I shall
try but I may fail to pass it during this session. All the members want
to go away. And the Free State members are still opp[osed] to
admitting any Asiatic. I think I can beat them in the Assembly but the
Senate will throw out the Bill. I therefore want to pass the measure
during the next session, if I cannot carry it this session. But meanwhile
I want peace. I do not want to harass your people. You know that.
And I do not want you to bring people from India and elsewhere to
fight. I want to help the Imperial Government & they want to help me.

1
Where the original is torn, the missing letters are suggested in square
brackets.
2
This is an error for “a. m.”; vide the preceding item.
3
Vide “Letter to E. F. C. Lane”, 7-4-1911

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 359


I want to help you & you want to help me. Will you not see our point
of view?”
“I emphatically do,” interposed G. S. continued: “I know you
have many leaders. I know you to be high-minded & honest. I have
told Imp. Govt. so. You have a right to fight in your own way. But this
country is the Kaffirs’. We whites are a handful. We do not want Asia
to come in. Now that Natal won’t have immigration, I am hopeful of
solving this question. But how can we hold out against you? I have
read out your pamphlet 1 . You are a simple-living & frugal race. In
many respects more intelligent than we are. You belong [to] a
civilization that is thousands of years old. Ours, as you say, is but an
experiment. Who knows but that the wh[ole] damned thing will perish
before long. But you see why we do not want Asia here. But as I say
the Natal difficulty being out of the way, I shall cope with the problem
here. But I want time. I shall yet beat the Free Staters. But you should
not be aggressive. The whole question as you know will be discussed
before the Imperial Conference. You should therefore wait. Now just
think it over and let me know.” He paused and continued: “I do not
know how your people spread. They go everywhere. I have now more
petitions against dealers. My difficulty of the future will be regarding
them. I do not want to disturb them. I want to let things remain as they
are. But I do not know what will happen. You are too hard.” After
changing the subject, S. said: “Gandhi, what are you doing for a
living?”
G. I am not practising at pr[esent].
S. But how then are you living? Have you plenty of money?
G. No. I am living liking [sic] like a paup[er], the same as other
passive resisters on Tolstoy Farm.
S. Whose is it?
G. It is Mr. Kallenbach’s2 . He is a German.
1
Hind Swaraj; vide “Hind Swaraj”, 22-11-1909.
2
Hermann Kallenbach; a prosperous German architect of Johannesburg with
“a vein of other-worldliness” who, when challenged to a duel by a Volks-rust
European for his Indian sympathies, declined, saying that he had “accepted the
religion of peace”; himself a satyagrahi, he gave his 1100-acre Tolstoy Farm near
Johannesburg for the maintenance of satyagrahis’ families; taught on the farm
carpentry, gardening and sandal-making, the last of which he had learnt at a Trappist
monastery; Honorary Secretary of the British Indian Association for a time during the
absence of Gandhiji and Polak; associated in dietetic experiments with Gandhiji who
describes him as “a man of strong feeling, wide sympathies and childlike simplicity”.
Vide also Satyagraha in South Africa and An Autobiography, also “Address to H.
Kallenbach”, 31-7-1911 and “Reception to Mr. Kallenbach”, 5-8-1911.

360 THE COLLECTED WORKS OF MAHATMA GANDHI


S. (Laughing) Oh, old Kallenbach! He is your admirer, eh? I know.
G. I do not know that he is my admirer. We are certainly very great
friends
S. I must come and see the Farm—where is it?
G. Near Lawley.
S. I know—on the Vereeniging line. What is the distance from the
station?
G. Ab[ou]t 20 minutes. We shall be pleased to see you there.
S. Yes, I must come one day.
So saying he got up to say good-bye. G. did likewise and said:
“You say you cannot amend the Transvaal Imm, Act. I must confess,
I do not see any difficulty.”
S. Yes, there is. The whites won’t have it unless you adopt my
suggestion.
G. And that is [?]
S. To give the Governor the power to make regulations setting a
different test for different people. The regulations must only
refer to Indians. And this I know you won’t like. But you think
the whole thing over & let me know what you think. You know I
want to help you. If there are any individual cases of hardship,
you can always come to me.
G. I shall think over the whole thing, but if you want peace, do you
want to persecute Mrs. Sodha1 [?]
S. I do not indeed.
G. Do you want to imprison her?
S. No. I know nothing about this case as you know.
G. The appeal is on on Saturday. We may lose it. Then she must go
to gaol or pay £10. She won’t pay the fine, & must therefore go
to gaol.
.S. No, I do not want her to go to gaol. But you have brought many
into the Transvaal illegally. Now you won’t.
G. I do not admit having brought anybody illegally. I certainly did
not bring Mrs. Sodha illegally. I gave due notice to the
Registrar. And I brought her because her husband like many

1
Vide “Letter to L. W. Ritch”, 17-4-1911 and “Telegram to Johannesburg
Office”, 19-4-1911

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 361


other passive resisters had to break up his home.
S. Alright, you let me know the result of the appeal and I shall see
to it that she is not arrested. Let me know at once will you?
G. Thank you I will.
During the conversation, he said the Free State matter was
confidential. The interview lasted nearly 40 minutes.
From a photostat of the original in Gandhiji’s hand: S. N. 5476

393. LETTER TO L. W. RITCH


[CAPE TOWN , ]
April 20, 1911
MY DEAR RITCH,

The enclosed has been sent to me by Chhaganlal with a request


to give it to you. The extract is good for reproduction in Indian
Opinion, but can we?
I hope you were successful in your case. When you want any
cash, I assume you have been taking it from Miss Schlesin. Anyhow,
the extract should go to Henry to read.
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: S. N. 5487

394. TELEGRAM TO BRITISH INDIAN ASSOCIATION


C APE TOWN ,
April 20, 1911
TO
BIAS
JOHANNESBURG
INTEND RETURNING ON KNOWING DEFINITELY. RESULT
NOT STILL HOPELESS. SUGGEST INSTEAD MEETING CACHALIA
SORABJI OTHERS GOING OUTSIDE PLACES EXPLAIN POSITION
AND COLLECT. NO TIME SHOULD BE LOST. NO CABLING
INDIA ENGLAND TWO DAYS.
GANDHI
From a photstat of the original as delivered: S. N. 5482

362 THE COLLECTED WORKS OF MAHATMA GANDHI


395. LETTER TO L. W. RITCH
Thursday, April 20, 1911
MY DEAR RITCH,

I have your two wires to which I replied yesterday in


anticipation.1 But I have replied by wire 2 also today. I am not quite
without hope, and propose to stay for a conclusive reply if he would
deign to give one.
If you think that Maud should have a copy of my personal
letter 3 to Smuts, and I think she should have it, please make a copy at
your side and send one to her. I have seen no one today. Last night I
saw Sir David4 at Anderson’s house and had a long chat with him. I
do not think that he can exercise the slightest influence in this matter.
I am going to see Alexander tomorrow to see if a question cannot be
put in the House. But I want to await S.’s reply before taking drastic
measures.
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s land: S. N. 5488

396. LETTER TO E. F. C. LANE


[CAPE TOWN ,
April 20, 1911] 5
DEAR MR. LANE,

I wired yesterday the gist of the conversation with General


Smuts to the Congress at Durban and the Association at Johann-
esburg.6

1
Vide “Telegram to Johannesburg Office”, 19-4-1911
2
Vide the preceding item
3
Vide “Letter to General Smuts”, 19-4-1911
4
Sir David Hunter; member of Union Parliament from Durban, and a friend of
the Indian community; sometime General Manager of the Natal Government
Railways. Vide also “Sir David Hunter”, 3-2-1906.
5
It is evident from the reference to the telegram to the BIA, Johannesburg
(“Telegram to Johannesburg Office”, 19-4-1911) that this letter was written on April
20, 1911.
6
The wire to the Durban Congress is not available; for the other, vide
“Telegram to Johannesburg Office”, 19-4-1911

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 363


The following wire has been received from the Congress:
Congress disapprove stopping agitation Transvaal trouble. Should be settled
this session. According Government promise matter should be completed
before Coronation, even if prolongation session necessary.
The Association wires as follows:
Your wire 19th. Committee resolved continue agitation unless law altered this
session and to cable England and India immediately.
I have been discussing the matter with the Cape Indian leaders
too. They unhesitatingly state that suspension of the agitation in the
manner suggested by General Smuts is impossible.
As I have now gathered from the General that he has definitely
decided to drop the general bill for the present session and that he will
not adopt the alternative solution1 suggested by me, I have dissuaded
any public announcement or the sending of cablegrams to India and
England.
I still hope that, if the Free State members cannot be conciliated,
the alternative solution which, in my opinion, can offer no difficulty,
will be acted upon during this session. In any case, may I know
General Smuts’ definite decision as soon as possible?
Yours sincerely,
M. K. GANDHI
From Indian Opinion, 29-4-1911; also photostat of draft in Gandhiji’s hand:
S.N. 5489

397. LETTER TO L. W. RITCH


[CAPE TOWN , ]
Friday [April 21, 1911]
MY DEAR RITCH,

Got an official reply 2 from S. at 2.30 p.m., went to Lane at 3


p.m. Left him at 4.45 p.m., went over and saw Alexander and then
went to the telegraph office and it is now 5.45 p.m. Not much time to
write to you at length. Lane showed me the confidential
correspondence with the G[overnor-]G[eneral], showing that the bill
could not possibly be brought up this session whether we stopped
1
Vide “Letter to E. F. C. Lane”, 7-4-1911
2
From Lane; vide Appendix, “Lane’s Letter to Ganddhiji”, 21-4-1911.

364 THE COLLECTED WORKS OF MAHATMA GANDHI


passive resistance or not.1 I thought therefore that we could suspend
p[assive] r[esistance] if certain assurances were given. I have told of
what I want. I intended to leave tomorrow by the Limited Express at 9
a.m. So Lane telephoned to S. whether he could give assurances, and
he said “yes” to the last two but not [to] the first. But I am staying.
Anyhow, I am writing a letter 2 to take to Lane in the morning. We
have a chance of getting loaves & fishes for the passive resisters and I
am trying. If the written assurance be given, I certainly think that the
best thing will have happened. We are bound to get a general bill next
session.
I have not the time to give you copy of General Smuts’ letter3 . I
have much work before me for the evening. Will pass a day at
Kimberley so that I should be there on Wednesday morning.
Yours sincerely,
M. K. GANDHI

From a photostat of the original in Gandhiji’s hand: S. N. 5492

398. LETTER TO E.F.C. LANE


7, B UITENCINGLE [STREET,]
C APE TOWN ,
April 22, 1911
DEAR MR. LANE,

I beg to acknowledge your letter4 of the 21st instant.


I regret that General Smuts finds it impossible to settle the
Transvaal Asiatic trouble during this session. I am, however, grateful
for the statement contained in your letter that the matter will engage
General Smuts’ attention during the recess with a view to bringing
about a settlement during the next session.
I share General Smuts’ anxiety that passive resistance may now
be brought to a close.

1
For the Union Government’s reasons for dropping the bill, vide Appendix,
“Union Government’s Reasons for Dropping Immigrants Restriction Bill (1911),
12-4-1911.
2
Vide the following item.
3
Vide Appendix, “Lane’s Letter to Gandhiji”, 21-4-1911
4
Vide Appendix, “ Lane’s Letter to Gandhiji”, 21-4-1911.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 365


May I then suggest the following for his consideration so that
the suspicion that is sure to be roused among my countrymen owing
to a postponement of the solution may be allayed?
An assurance should be given that:
(a) legislation will be passed next session repealing Act 2 of 1907
subject to the reservation of the rights of minor children in
terms of the Chotabhai judgment1 and restoring legal equality as
to the immigration of Asiatics into the Transvaal and
maintaining existing rights. If the racial bar in the present
Immigration Act of the Transvaal is removed by a general bill,
such bill should naturally be free from a racial bar throughout
the Union;
(b) passive resisters who but for their resistance would have been
entitled to registration should now be so entitled notwithstanding
anything to the contrary in Act 36 of 1908;
(c) educated passive resisters who are now in the Transvaal but who
are not registrable under the Asiatic Act should be allowed to
remain in the Transvaal as educated immigrants in anticipation
of the forthcoming legislation, their number not to exceed six.
They may have special certificates in order to enable them to

1
A.E. Chotabhai, domiciled in the Transvaal since 1899 and registered
lawfully under Act 36 of 1908, brought his minor son aged 15, whose name appeared
in his father’s registration certificate, in January, 1910. On the boy’s attaining
majority, his application for separate registration under Act 36 of 1908 was rejected
by the Registrar of Asiatics. Chotabhai appealed to Magistrate Jordan who dismissed
the appeal and ordered deportation. Chotabhai then moved the Provincial Court where
Justice Wessels in Chambers dismissed the application but restrained the order of
deportation pending appeal to the higher Court. The Full Bench of the Transvaal
Division of the Supreme Court dismissed the appeal with a dissenting judgment by
Justice Mason. Finally on January 25, the Appellate Division of the Supreme Court
of South Africa ruled that, although Act 36 of 1908 provided only for registration of
minors resident in the Transvaal at the commencement of the Act or born within its
boundaries, it did not follow that minors entering lawfully after that date were to be
excluded from the registration provided for under the earlier Act 2 of 1907, and that it
appeared improbable that the Legislature would allow Asiatic minors free entry into
the Transvaal but allow the Registrar no discretion to permit them to remain in the
country on their attaining majority. The appeal was upheld. The case, in its various
stages, was reported in several issues of Indian Opinion between August 1910 and
April, 1911; vide also “Cable to S.A.B.I. Committee”, 29-8-1910; “Speech at
Meeting of Kathiawad Arya Mandal”, 20-9-1910; “Johannesburg”, before
17-11-1910 & “Chhotabhai Case”, 28-1-1911.

366 THE COLLECTED WORKS OF MAHATMA GANDHI


move to and fro without hindrance.
If the above assurance be given,1 I do not anticipate any
difficulty in persuading my countrymen to suspend passive resistance.
I trust General Smuts will recognize that, in asking for the above
assurance, I am simply requesting ratification of what he has so often
publicly stated.
I am sure that the Indian community will be deeply grateful to
General Smuts for consenting not to imprison Mrs. Sodha in the event
of her appeal failing.2
I am thankful, too, for the verbal assurance given by General
Smuts that he will be pleased to grant relief in cases of individual
hardship.
I need hardly reiterate the statement that, whatever befalls the
present passive resistance movement, the Indian community will
continue to worry him about the many matters in the different
Provinces which have from time to time formed the subject-matter of
memorials, etc.
Lastly, I venture to repeat what I have said so often that those
who have the privilege of guiding the Indian community in South
Africa have always been anxious, and will continue, to help the
authorities and to study and appreciate the European standpoint
consistently with that community’s self-respect and interests.
I am,
Yours sincerely,
M. K. GANDHI

From Indian Opinion, 29-4-1911; also Cd. 6283 and photostat of type-written
office copy: S. N. 5496

1
It was; vide “Lane’s Letter to Gandhiji”, 22-4-1911.
2
Vide “Letter to L. W. Ritch”, 17-4-1911 and “Abstract of Interview with
General Smuts”, 19-4-1911.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 367


399. SPEECH AT KIMBERLEY
[April 24, 1911]
A largely attended meeting of members of the Indian community, amongst
which was a fair sprinkling of Europeans, took place last evening in the Supper
Room of the Town Hall, for the purpose of hearing an address from Mr. M. K. Gandhi
who had just arrived from Cape Town, and was on his way up to Johannesburg.
. . . The Mayor1 briefly introduced Mr. Gandhi to the meeting and Mr. Dawson
then read the following address2 to Mr. Gandhi . . .
Mr. Gandhi, who had an enthusiastic reception, thanked the meeting for the
great welcome that had been accorded him, and the beautiful address presented. He
thanked His Worship the Mayor for presiding on the occasion and said that it
suggested the harmony of humanity in Kimberley. He could not take the reception as
a personal tribute, but he considered it a mark of approbation of the great work which
had been done by the passive resisters of the Transvaal. He was glad to be able to
inform the meeting that they were nearing a solution of the difficult question that had
cost the community over 3,500 imprisonments and untold suffering. He had in his
possesion a letter 3 from General Smuts which stated that the legitimate demands of
the Indian community would be granted during the next session of Parliament. In that
letter, the speaker contended, was official recognition of passive resistance as a
legitimate form of agitation for the redress of grievances. Addressing meetings in
London, he had not hesitated to call [the] Transvaal passive resistance one of the
greatest movements of modern times.4 He knew of no instance in modern history in
which a body of people had undertaken self-suffering by way of redress, and that was
what the Transvaal movement amounted to.
Mr. Gandhi likened the Transvaal passive resistance to the conscientious
opposition offered by the Prophet Daniel to the Laws of the Medes and the Persians,
which the Prophet considered to be contrary to the demands of reason and holiness.
He exhorted his countrymen to be always reasonable in their demands. He contended
that the Indian community throughout South Africa had, as a rule, endeavoured to see
the European standpoint. Whilst they fought for legal equality, they admitted that
there should be differential treatment by reason of the prevalent prejudice, which the
Indians would have to wear down by honourable conduct. He asked his hearers not to
consider the forthcoming settlement as a victory to gloat over, but merely as a natural

1
Councillor W. Gasson, who presided
2
Not reproduced here
3
Vide “Lane’s Letter to Gandhiji”, 22-4-1911.
4
Vide, for example, ”Speech at Farewell Meeting”, 12-11-1909

368 THE COLLECTED WORKS OF MAHATMA GANDHI


consequence of the heroic fight that so many Indians in the Transvaal had put up. He
paid a glowing tribute to Mr. Thambi Naidoo1 , whom he considered to be one of the
greatest of passive resisters in the arduous campaign. (Loud applause.)
Mr. Dawson, Chairman of the Indian Association, moved a vote of thanks to
Mr. Gandhi which was seconded by Mr. Joshua, the ex-Secretary of the African
Political Association. Mr. Gandhi briefly returned thanks and in turn proposed a vote
of thanks to the Mayor, which was carried by the whole audience standing.

Diamond Fields Advertiser, 25-4-1911

400. TELEGRAM TO H. KALLENBACH


[JOHANNESBURG ,
April 26, 1911] 2
TO
KALLENBACH ,
LAWLEY
MEETING TOMORROW TWO O’CLOCK HAMIDIA HALL
DEPUTATION. PRESENCE NAIDOO, SODHA 3 , MEDH 4 ,

1
Thambi Naidoo; a Tamil cartage contractor from Mauritius whom Gandhiji
described as “lion-like” and as one of the two most eminent satyagrahis; who but for
his rashness of temper “could easily have assumed the leadership of the community in
the Transvaal”; had a flair for languages and cooking; became Chairman of the Tamil
Benefit Society in 1912. Vide also Satyagraha in South Africa, Ch. XX.
2
This meeting mentioned in the text was held on April 27, 1911; clearly
therefore this telegram was sent of April 26 presumably on instructions from
Gandhiji who had returned to Johannesburg that morning after a month’s absence at
Cape Town.
3
Ratanshi Mulji Sodha; an educated satyagrahi who suffered imprisonment
during 1908, 1909 and 1910 for defying the Asiatic Registration Act; vide “Prisoners
Condition”, 10-10-1908 & “Trial of Dawjee Amod and Others”, 14-10-1908 and
“Johannesburg”, 9-5-1910; “Mr. Sodha’s Discharge”, 14-5-1910; “Telegram to
Minister of Interior”, 8-11-1910 & “Trial of Rambhabai R. Sodha”, 30-12-1910.
4
Surendrarai Bapubhai Medh; a sergeant in Gandhiji’s Stretcher-bearer Corps
during the Zulu “Rebellion” in 1906; a “stalwart passive resister” who “sacrificed his
all” and “covered the community with glory”; among the first batch of Natal Indians
to enter the Transvaal, following Sorabji, in order to test educated Indians’ right of
entry into that Colony; held the record for the longest imprisonment “having been
eleven times in gaol” and having “twice fasted for eight days” in protest against the
ill-treatment of prisoners; vide “Notable Discharges”, 30-4-1910; “Who is a
Satyagrahi?”, 5-11-1910 & “Letter to Director of Prisons, Pretoria”, 22-11-1910,
also Satyagraha in South Africa, Ch. XI.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 369


DESAI 1 , ABSOLUTELY NECESSARY.

GANDHI

From a photostat of the handwritten office copy signed by Sonja Schlesin “for
M. K. Gandhi”: S. N. 5509

401. TELEGRAM TO H. S. L. POLAK


JOHANNESBURG ,
April 26, 1911
TO
P OLAK
CARE R USTOMJEE
DURBAN
TELEPHONE INTERRUPTED. RETURN EITHER TODAY OR
TOMORROW. 2 REPLY. PUBLISH FULL CORRESPONDENCE3 EXCEPT
PERSONAL LETTER4 SMUTS’ 20TH.

GANDHI
From a photostat of the handwritten draft with correction in Gandhiji’s hand:
S. N. 5513

1
Pragji Khandubhai Desai; “a well-tried passive resister” who fasted in jail in
protest against the warders’ ill-treatment of prisoners; among the earliest to arrive in
Tolstoy Farm, he worked “harder than in jail” to build wood-and-iron structures for the
settlers; Gandhiji “requisitioned his services” to teach youngsters on the Farm “who
were on bad terms with their books”; wrote regularly for the Gujarati section of Indian
Opinion; vide “Pragji Desai’s Resolve”, 5-11-1910, also Satyagraha in South Africa,
Ch. XXXIV.
2
Polak left for Johannesburg on April 27, 1911.
3
This was accordingly published in Indian Opinion, 29-4-1911.
4
Vide “Letter to General Smuts”, 19-4-1911; the letter was actually dated the
19th.

370 THE COLLECTED WORKS OF MAHATMA GANDHI


402. LETTER TO APPASAMY NAIKER1
[JOHANNESBURG ,
April 28, 1911] 2
DEAR MR. APPASAMY NAIKER,

I understand that the few remarks that Mr. Solomon made at the
combined meeting yesterday have offended you and some other
friends very much. Mr. Naidoo and I are indeed very sorry. We
admit that the remarks should not have been made by Mr. Solomon,
but we trust that this letter will be sufficient to soothe your feelings
and those of others who have felt hurt. Whatever has happened
in the past, it must undoubtedly be the wish of every lover of India to
forget it, and for us to work together for bettering our condition.
Yours truly,
From a photostat of the typewritten office copy: S. N. 5517

403. INTERVIEW TO “THE STAR”3


[JOHANNESBURG ,
April 28, 1911]
The correspondence with appeared in The Star of yesterday gave every promise
of a settlement being reached, but did not indicate any exactness in the form of
compromise. As a result of a meeting extending to four hours last evening, Mr.
Gandhi has been given authority by his countrymen to conclude a temporary
arrangement, which will permit of General Smuts advising the Governor-General to
extend clemency to passive resisters at present confined. Efforts can also be made by
those who have sacrificed their business to re-establish themselves, and the women
and children who are living on Tolstoy Farm and [have] become a charge on the
Indian community can gradually be restored to their homes. When the final stage has

1
The letter is followed by a statement, presumably by Solomon, which
reads: “I have read the above, and I entirely associate myself with the sentiments
expressed. I am indeed very that my remarks should have caused offence to any Indian
at all.”
2
The office copy, which is the source of this item, is dated April 27, 1911.
This is evidently a slip for the meeting referred to in the text was held on April 27 and
the letter itself was therefore written on April 28, 1911.
3
This was republished in Indian Opinion, 6-5-1911, under the title “The
Close of Bitter Struggle”.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 371


been reached, Mr. Gandhi is passing from public life. He has already arranged for his
legal practice to be taken over by Mr. Ritch, who up to now has represented the
Indian cause in London. His immediate intention is to provide for the care and
education of the children whose parents are now in necessitous circumstances, and
then he intends to retire to his farm in Natal, and in the spells of leisure no doubt to
come in closer touch with the philosophic musings of Tolstoy and to reap inspiration
from the savants of his beloved India.
A representative of The Star called on Mr. Gandhi today to obtain an
appreciation of the stage to which the Asiatic problem has been advanced. It would
appear that the Immigration Bill is finished with and that two alternatives1 are before
the Government. The first is the introduction of a new Immigration Bill from which
the colour bar will be entirely eliminated, and to carry which General Smuts will have
to bear down the opposition of the Free State. The second course is to practically
preserve the status quo and to simply amend the immigration laws of the Transvaal.
The first course while meeting objections raised by the Transvaal Indians, will
involve the right of educated immigrants to travel throughout the Union, and will
place limitations on the privileges which Indians in other Provinces at present
enjoy. The adoption of such measure would not bring that finality which is desirable.
On this point, Mr. Gandhi states the country is not yet ripe for general immigration
legislation, because the policies throughout the Provinces have been distinct, and it
would be purely a makeshift to have general legislation in name with actual statutory
distinctions for the different Provinces, because it is common cause that the
Provincial Asiatic legislation is to remain intact and that movements of Asiatics are
to be restricted to the respective Provinces.
[ GANDHIJI:] Such being the case, I cannot help saying that it will
be sane statesmanship for the present to recognize the situation as it is;
and yet it will be possible to administer the Provincial laws by the
Central Government. Generally speaking, that the laws are so framed
as to ensure practical equality of administration of European
immigration.
NO HITCH ANTICIPATED
[INTERVIEWER:] You have no doubt now doubt a solution being reached?
So far as I can see, there ought to be no hitch, because each
party has taken all the precautions humanly possible to avoid
misunderstanding or ambiguity. Undoubtedly a great deal will depend
on how General Smuts carries out his declarations. At last night’s

1
The reference is to the proposal contained in Gandhiji’s letter to Lane of
April 7, “Letter to E. F. C. Lane”, 7-4-1911.

372 THE COLLECTED WORKS OF MAHATMA GANDHI


meeting, the greatest difficulty that the Indian leaders had to face was
the almost ineradicable suspicion the rank and file entertain regarding
the Government’s motives. They read everything that is hostile to
themselves in all that is said or written on behalf of the Union Gover-
nment. At one time the position was tense, and there was a very heated
controversy, but calmness ultimately prevailed, and the meeting deci-
ded, with [a] few dissentients, to accept the provisional settlement. 1
What was your experience in Cape Town?
I must confess that General Smuts was extremely obliging and
conciliatory in his attitude, and throughout the negotiations, he
evinced a sincere desire to come to a settlement. He more than once
declared that he did not wish to prolong the distress which he knew
the passive resisters were suffering.
In reply to a further question, Mr. Gandhi said that the present Indian
population in the Transvaal was at the outside 8,000, and was about 7,000 below the
number of pre-war residents. In conclusion, he requested that his gratitude and that of
his countrymen should be acknowledged through The Star to the members of the
European committees in Johannesburg and London, to Lord Ampthill2 and Professor
Gokhale3 , without whose support “we could not have reached the stage we have”.

The Star, 28-4-1911

404. LETTER TO E. F. C. LANE


[JOHANNESBURG , ]
April 29, 1911
DEAR MR. LANE,

Referring to the conversation between us of this morning, we


had an overcrowded meeting at the Hamidia Hall on Thursday last
Mr. Cachalia presided, and the meeting lasted four hours. After some

1
For Gandhiji’s report of the meeting, vide “Transvaal Notes”, 2-5-1911.
2
Arthur Oliver Villiers Russell, second Baron of Ampthill (1869-1936);
Governor of Madras, 1899-1906; acted as Viceroy and Governor-General of India in
1904; took active interest in the Indian struggle in South Africa and was President of
the South Africa British Indian Committee, London. He wrote the introduction to
Doke’s biography of Gandhiji.
3
Gopal Krishna Gokhale (1866-1915); Indian statesman; President, Indian
National Congress, 1905; founded the Servants of India Society, 1905; member
Bombay Legislature and Viceroy’s Legislative Council, 1902-15; member Indian
Public Services Commission, 1912-5.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 373


heated discussion, a resolution was carried, approving, as hereafter
explained, of the provisional settlement set forth in the letters1 of the
22nd instant exchanged between us. 2
There were several questions which were asked at this meeting,
and are still being asked. I think that it is right that I should draw
General Smuts’ attention to the most important of them. The
acceptance by the meeting is based upon the interpretation of the
letters indicated by the following questions put by the meeting:
(1) Will the legislation proposed and designed to meet the
objection of passive resisters take away existing rights either in the
Transvaal or in other parts of South Africa?
ANSWER: It will not, whether the proposed legislation affects only
the Transvaal or the whole of the Union.
(2) Will the passive resisters who are pre-war residents, but who
are at present outside the Transvaal, such as Mr. Dawad Mahomed3 or
Mr. Rustomjee4 , be entitled to registration in spite of their having
failed to apply for their registration during the statutory period?
ANSWER: Yes.
(3) Will the passive resisters who, although registered, have been
deported, be prohibited from entering the Transvaal?
ANSWER: No.

1
Vide “Letter to E. F. C. Lane”, 22-4-1911 also Appendix, “Lane’s Letter to
Gandhiji”, 22-4-1911.
2
Here the draft has the sentence: “The smooth working will depend now
entirely upon a liberal policy being followed by General Smuts” which appears to
have been subsequently deleted.
3
One of the earliest traders in South Africa, he spoke English and Dutch well
although without any literary education. “Skilful”, “intelligent and resourceful”, he
was the principal contributor to public funds raised in South Africa for Indian causes;
Chairman, Natal Indian Congress; erstwhile resident of the Transvaal, he crossed over
into the Colony in August, 1908 and refused to give his thumb-impressions at the
border under Act 2 of 1907. He thus courted arrest to establish the right of entry of old
Transvaal Indian residents and as released on grounds of ill-health after serving five
months of his six months’ sentence; vide “Letter to General Smuts”, 14-8-1908;
“Comments on Transvaal Indian Campaign”, 28-8-1908 & “Speech at Meeting in
Hamidia Mosque”, 30-8-1908 and “Duncan’s Views”, 13-2-1909; “Statement of
Transvaal Indian Case”, 16-7-1909; also Satyagraha in South Africa, Ch. XXX.
4
Parsi Rustomjee; philanthropic and public-spirited Indian merchant of Natal
and the “Grand Old passive Resister”, affectionately known as Kakaji, he was first co-
worker and staunch friend and later client of Gandhiji’s; strong supporter of the Natal
Indian Congress.

374 THE COLLECTED WORKS OF MAHATMA GANDHI


(4) Will the passive resisters who hold Peace Preservation
Ordinance Permits but have been deported be similarly protected?
ANSWER: Yes.
(5) Will the educated passive resisters who are to be allowed to
remain in the Transvaal under temporary certificates be treated as
immigrants for this year, and be free from liability to registration
under Act 36 of 1908?
ANSWER: Yes.
(6) Will the standard of education possessed by the persons
referred to be set for future Asiatic immigrants?
ANSWER: No. It was explained that only those who are highly
educated will be allowed to pass the education test, and that probably
all but Mr. Joseph Royeppen out of the six would be rejected if they
were to seek admission as new immigrants on merits.
(7) Will educated Asiatics who are registered residents be
compelled to give finger-prints or thumb-prints?1
ANSWER: No.
(8) Will conscientious objectors or well-known Asiatics be
similarly exempt?
ANSWER: Yes, from finger-prints and also from thumb-prints, if
they can give a well-formed signature.
The last two answers were given on the strength of previous
correspondence2 in 1908 and the dispatches recently published. The
matter was not mentioned in the discussion between us because it was

1
In thus formulating Question No. 7 Gandhiji may have had the procedure for
taking out licences in mind rather than that of registration for he refers to these
persons as having already registered. Smuts’ telegraphic reply of May 20, 1911
(Appendix VI) makes the point explicit, but in Question No. 8 the reference is clearly
to the procedure for registration. Smuts’ reply, however, limits the concession to
licensing procedure only. Presumably all that the telegram did was to safeguard the
right of the Transvaal
Government to take thumb-impressions from resident Asiatic traders seeking
licences if they were not educated or even from conscientious objectors seeking
registration. The procedure for registration of uneducated persons could not have been
at issue because the bulk of these save perhaps for the thirty mentioned in Gandhiji’s
letter of May 4, 1911 (pp. 59-60) had registered voluntarily, and it was agreed
between the satyagrahis and the Government that immigration of uneducated persons
must cease.
2
Vide “Letter to Colonial Secretary”, 28-1-1908; “Johannesburg Letter”,
30-1-1908 .

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 375


quite plain to me.
I am sure General Smuts will not mind my troubling him with
the above, as I know he as well as I is most anxious to avoid any
misunderstanding.
I find that Mr. Sodha is not a pre-war resident of three years’
standing. He resided continuously for two years before the war in the
Transvaal, and actually left as a refugee. There is, of course, no doubt
as to the two facts. But a strict reading of Act 36 of 1908 requires
three years’ pre-war residence. May not the strict letter of the law be
waived and Mr. Sodha be allowed to register? If he is not, he falls
under the category of educated immigrants, as he possesses
educational qualifica-tions. He will then, with Messrs Roye-ppen,
Sorabjee, Medh, Desai andShelat1 be the sixth educated man. That
leaves out a very desirable and highly educated man, Mr. Samuel
Joseph, a nephew of Mr. Royeppen and a school master. He was born
in South Africa, and is even now the organist in a Native Protestant
Christian Church, and is giving some private tuition. May I ask for his
protection, by waiving the strict interpretation in regard to Mr. Sodha?
We might have thrown out one of the six before named in favour of
Mr. Samuel Joseph, but the merits in point of suffering of the others
are far greater than Mr. Samuel Joseph’s.
I have been asked to mention another case of extreme hardship.
That is Mr. Camay’s. He was an Indian postmaster in Johannesburg.
He is well educated. I believe he had served for nearly ten years in the
above capacity when he had to leave because he declined to register.2
Mr. Camay is a Parsee. He has his family in Johannesburg. He has
suffered a great deal during the struggle. I believe that he was very
popular as postmaster, and enjoyed the complete confidence of his
superiors. In my opinion, he ought to be reinstated.
I have not yet before me a list of Indian passive resisters who
being pre-war residents are entitled to registration, but I am getting the

1
Umiashankar Manchharam Shelat; a sergeant in the Stretcher-bearer Corps
formed by Gandhiji in the Zulu “rebellion” of 1906; later, as a satyagrahi,
suffered imprisonment and deportation in 1908 and 1909; was one of the “stokers” at
the Mass Meeting in August 1908 when Indian burned their registration certificates;
vide “Speech at Mass Meeting”, 23-8-1908 and “Trial of Naidoo and Others”,
16-6-1909 & “Johannesburg Letter”, before 21-6-1909; also Satyagraha in South
Africa, Ch. XI.
2
Vide “Johannesburg Letter”, 26-8-1908 and 31-8-1908.

376 THE COLLECTED WORKS OF MAHATMA GANDHI


names together. I take it that their registration will proceed
immediately we agree on the points mentioned by me herein.
You were somewhat surprised when I mentioned the Chinese
passive resisters. But they have continued to suffer to the end and their
Chairman, Mr. Quinn, was only recently discharged from gaol. There
are now, I think, more Chinese than Indian passive resisters in gaol. I
am quite sure that General Smuts will not expect Indian passive
resisters to desert their Chinese fellow sufferers. They naturally ask for
the same protection for the Chinese passive resisters as for themselves.
There are, I understand, only about twenty pre-war Chinese passive
resisters who were not registered when the struggle was revived in
1908. But I introduced the question of the Chinese in order to
mention the somewhat delicate matter of four who are undergoing
terms of imprisonment for public violence among themselves. When
the struggle was revived, the Chinese became two factions and fought
with each other. As a result, some were convicted. Now the two
factions are united. They are even preparing a petition to the
Governor-General for the exercise of the clemency of the Crown. Will
not General Smuts recommend them for favourable consideration?
I have written at great length. But I thought that I could not be
too precise or too frank.
If you will kindly place this letter before General Smuts, and if
he considers it necessary, appoint a day for an interview, I shall come
down, and the matter may be finally closed.1
I am,
Yours truly,
M. K. GANDHI

From Indian Opinion, 27-5-1911; also photostat of draft in Gandhiji’s hand:


S. N. 5521

1
Acknowledging this letter on May 1, 1911, Lane said: “The various points
raised by you are now under consideration of the Committee, and further
communication will be sent to you in due course.” S. N. 5525. Smuts actually
discussed the points mentioned in this letter in his letter of May 19 and telegram of
May 20, 1911; vide Appendices, Resolutions at Mass Meeting”, 24-6-1908 &
Chamney’s Affidavit”, 25-6-1908.

VOL. 11: 11 APRIL, 1910 - 12 JULY, 1911 377


405 . PETITION TO SECRETARY OF STATE FOR COLONIES1
JOHANNESBURG ,
May 1, 1911
[TO]
THE R IGHT HON ’BLE THE S ECRETARY OF S TATE FOR THE C OLONIES
LONDON
THE P ETITION OF A. M. C ACHALIA, C HAIRMAN OF
THE BRITISH INDIAN ASSOCIATION

HUMBLY SHEWETH THAT

The painful struggle over the legal status of Asiatics, that has
gone on in the Transvaal for the last four years, now gives promise of
a happy ending. In view, however, of the approaching meeting of the
Imperial Conference, the British Indian Association ventures to draw
the attention of His Majesty’s Government to the present actual
position of British Indians residing in the Transvaal.
The struggle arising out of the passing of the Asiatic
Registration Act (No. 2 of 1907) has caused such intense suffering
among the Asiatic communities residing in the Transvaal, and has so
much occupied the attention of both Asiatics and Europeans, that it
has not been possible for the Association to devote much energy to
securing a redress of the disabilities which were in existence at the
commencement of the struggle and of others which have since been
imposed, but to which passive resistance did not extend.
THE P RESENT P OSITION IN R EGARD TO THE
R EGISTRATION AND IMMIGRATION LAWS
In terms of a letter 2 addressed by the Private Secretary of
General Smuts to Mr. Gandhi, and dated the 22nd April, the proposals
in which were submitted to a meeting3 of British Indians on the 27th
April, and accepted by a Resolution carried with but six4 dissentients:

1
This was presumably drafted by Gandhiji; it was published in Indian
Opinion, 13-5-1911, under the heading “The Present Position”.
2
Vide Appendix “Lane’s Letter to Gandhiji”, 22-4-1911.
3
For Gandhiji’s accounts of the meeting, vide “Transvaal Notes”, 2-5-1911.
4
Cf., however, ”Transvaal Notes”, 2-5-1911

378 THE COLLECTED WORKS OF MAHATMA GANDHI


(a) Law 2 of 1907 is to be repealed during the forthcoming
session of the Parliament of South Africa, subject to the
reservation of the rights of minor children in terms of what
is known as the Chotabhai judgment1 ;
(b) Legal equality in respect of immigration of Asiatic
immigrants with Europeans immigrants will be restored,
subject, however, to differential administrative treatment as
distinguished from statutory differentiation;
(c) In the legislation to be passed, the existing rights of British
Indians will be maintained, that is, if it is Provincial
legislation, the existing rights of Asiatics in the Transvaal
shall not be interfered with; if it is legislation applicable to
all the Provinces, the existing rights in the Provinces as well
as in the Transvaal shall be preserved;
(d) If the legislation should be Provincial, not more than six
highly educated Asiatics will be allowed in any one year to
pass the education test, and be admitted as immigrants to
the Transvaal;
(e) Passive resisters who, but for passive resistance, would have
been entitled to registration if they had applied within the
proper time will be now allowed to register;
(f) Educated passive resisters not registrable under the
Registration Act will be allowed to remain in the Transvaal
in anticipation of the forthcoming legislation, and will be
deemed to be Asiatic immigrants for the current year;
(g) Passive resisters who are suffering imprisonment as such
will be recommended to His Excellency the Governor-
General for discharge, upon an assurance being given that
the community will suspend passive resistance for the time
being.
My Association takes this opportunity of tendering thanks to the
Union Government for the obviously conciliatory and generous
manner in which they have met it, and also to His Majesty’s
Government for their friendly and effective intervention to bring to a
happy ending the unfortunate situation.
But the suspension of passive resistance now agreed upon does

1
Vide 2nd footnote of “Letter to E.F.C. Lane”, 22-4-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 379


not mean that the British Indian community in the Transvaal has
obtained redress of all its most serious grievances. The British Indian
Association, therefore, craves leave to mention the most prominent of
these that the community is still labouring under.
LAW 3 OF 1885
Law 3 of 1885, which was the subject-matter of correspondence
up to the time of the outbreak of hostilities between His Majesty’s
Government and the late South African Republic, still remains on the
Statute-Book of the Union, save for the removal of the £3 fee for the
registration of those Asiatics who settled in the Transvaal for the
purposes of trade; and it excludes British Indians and other Asiatics
from:
(a) burgher’s rights;
(b) ownership of landed property except in Bazaars and
Locations;
(c) residence in towns, except in Bazaars or Locations set apart
for their residence.
Owing to the unfortunate prejudice against Asiatics prevalent in
South Africa, the Association regards as outside practical politics any
demand at present for burgher’s rights, i.e., rights for political
franchise.1
The deprivation, however, of the right to own landed property
except in Bazaars or Locations is a very serious disability, and it
naturally interferes with the progress of the community, and, strange
as it may appear, the absence of building enterprise on the part of the
community owing to this disability is used as an argument against the
community, and so fosters prejudice. Though residence of Asiatics is
restricted under this law to Locations or Bazaars,there being no pen-
alty prescribed for non-residence therein, the Courts have held that
Asiatics cannot be compulsorily segregated. The presence, direct and
indirect, of rival European traders has, however, virtually driven a
number of the poorerAsiatics into the Locations already established
under the law. It is worthy of note, as an indication of the hostile spirit
actuating the Government for the time being of the Province, that

1
Transvaal Indians had consistently adhered to this position; vide
“Deputation to Morley”, 22-11-1906 and “Interview to the Press”, 1-2-1908 &
“Speech at Closer Union Society”, 20-8-1908.

380 THE COLLECTED WORKS OF MAHATMA GANDHI


these Locations have been so far situated as to make general trade
therein practically impossible, and to put Asiatic hawkers, who must
every morning go to the public market for buying pro-duce, to very
great inconvenience. Moreover, whereas under this law Asiatics are
permitted to own landed property in such Locations, the Government
permit them only to hold leases of no longer than 21 years of Stands
into which such Locations are divided. Indeed, in Johannesburg, they
are only allowed a monthly tenure. Here it may be added that, up to
the time of the outbreak of the late war, there was a Location in
Johannesburg, in which ninety Stands were held under 99 years’
lease. This Location, among other areas, was expropriated under a
special Ordinance, and since then Asiatics have not been able to hold
any landed property in their own names save as above mentioned.
In order, however, to enable British Indians to become virtual
owners of landed property, equitable trusts under legal advice were
created, whereby Asiatics have been able hitherto to acquire a
permanent interest in land, their European friends taking transfer of
land for which the Asiatic beneficiaries pay, and the ostensible owner
passing a bond over such land in favour of the equitable owner. These
trusts have been recognized by the Courts, and the method has been in
vogue almost since the time of the promulgation of this law.1
GOLD LAW AND TOWNSHIPS ACT (1908)

In order, as it would appear, to defeat such trusts and to bring


about effectual compulsory segregation, the Legislature has included
in the Gold Law and the Townships Amendment Act of 1908 certain

1
The case of Aboobaker Amod’s Church Street property in Pretoria was the
subject of much contoversy. The Boer law of 1885 denied Asiatics the right to hold
land outside Locations except for religious purposes but it was amended in 1886 to
exempt Aboobaker Amod; vide “Blue Bok”, 29-2-1908. A Supreme Court judgment in
1906 reluctantly acquiesced in this but ruled that the property could not be trasmitted
to the heirs; vide “Deputation to Lord Elgin”, 8-11-1906. Special provision
authorizing the inheritance was made in the Asiatic Law Amendment Ordinance of
1906 (“Letter to Dr. J. Oldfield, 6-11-1906) as well as in the draft legislation
repealing portions of Law 3 of 1885 suggested by Gandhiji; vide “Blue Book”,
29-2-1908. Since the ordinance and its variations remained inoperative owing to the
Indians’ opposition to them, this property was meanwhile held in trust by Polak;
vide “Legalilized Robbery”, 17-3-1906 & “The Land Act in the Transvaal”,
7-4-1906, This is the solitary instance of land held by an Indian individual in the
Transvaal; vide “Fair and Just Treatment”, 11-8-1906.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 381


subtle provisions1 , which, on the face of them, appear to be
comparatively innocuous (though still highly offensive), yet which are
obviously designed to accomplish the object above indicated. The
Association has made this discovery only lately, by accident. In the
town of Klerksdorp, European owners of Stands occupied by, and in
some cases equitably owned by, British Indians have been notified by
the Government that they are committing a breach of Section 1302 of
the said Gold Law, and that if the British Indian occupants be not
removed by the 30th April (last), proceedings will be taken against
them.3 The penalty for non-compliance is a fine of £50 and an
additional fine of £5 per diem so long as the breach continues. These
notices have created consternation among British Indians. The
community has received legal opinion to the effect that the combined
reading of the two laws above referred to means that every Indian
residing within mining areas in this Province runs the risk of being
dispossessed of his occupation of Stands therein and having his
equitable ownership completely destroyed. The latter object is attained
by a section in the Townships Act aforementioned which provides for
forfeiture to the State, without compensation, of land occupied by
British Indians and other Asiatics, although, as before explained, they
may be virtual owners of such Stands. The only protection of existing
rights granted under these drastic laws is in respect of leases directly
held by Asiatics and entered into before promulgation of the Gold
Law. Many important towns, including Johannesburg (which
accommodates nearly one-half of the total Indian population of the
Transvaal), are affected by these laws. If, therefore, they are to be
strictly enforced, virtual ruin of the Transvaal Indian community must
almost certainly follow and that oft-declared policy of prominent
members of the present Ministry of the Union, viz., the starvation of
British Indians out of the Province, will be effected at a stroke of the
pen.

1
Gandhiji must have had in mind Sections 104, 113, 114, 122, 127 and 128;
vide “Letter to Colonial Secretary”, Before 25-4-1908, “Petition to Transvaal
Legislative Assembly”, 15-6-1908 & Appendix, “The Draft Gold Law in the
Transvaal”, 4-4-1908.
2
Section 130 (Sec. 127 in the Draft Gold Law, Appendix “The Draft Gold Law
in the Transvaal”, 4-4-1908) prohibits European owners of Stands in “proclaimed
areas” from subletting any rights to Coloured persons and the acquisition of any
rights whatsoever by the latter in such areas.
3
Vide 3rd footnote of “Extract from Letter to Maud Polak”, 5-4-1911

382 THE COLLECTED WORKS OF MAHATMA GANDHI


Had such an attempt been made by an open and plain
amendment of Law 3 of 1885, instead of by an obscure interpolation
in statutes covering hundreds of sections and ostensibly dealing with
matters of quite a different nature, the Association feels certain that
such a measure would never have received His Majesty’s sanction.
The Association naturally lays the greatest emphasis upon this part of
the petition, and hopes that His Majesty’s Government will not fail to
grant relief.
F OOT -PATHS BY-LAWS, ETC.

The Association is loth to bring before His Majesty’s


Government by-laws and regulations needlessly interfering with the
personal liberty of the community represented by the Association, in
view of the fact that material interests of the community are, as shown
above, hardly recognized or respected; but there can be no rest for
Transvaal Indians so long as the Statute-Book of the Province remains
disfigured by legislation preventing the use by them of foot-paths and
tram-cars.1 These pinpricks will not be stopped so long as British
Indians continue generally to be bracketed with the natives of South
Africa.
THREATENED LEGISLATION

The Association further begs to draw the attention of His


Majesty’s Government to the promise of the Union Government to
deal with the question of trading licences granted to British Indians.
The Association is aware the various Chambers of Commerce of this
Province, largely composed of rival European traders, have promoted
and sent petitions to the Union Parliament, containing highly coloured
and inflammatory statements prejudicial to Indian interests, and
praying for the restriction and even extinction, of Indian trade
licences. 2 The Association fervently hopes that, as the Indian
population in the Transvaal is comparatively small, and is not to be in
future at all materially added to, no restraint of Indian trade will be
countenanced by His Majesty’s Government. The Association humbly
1
The British Indian Association had time and again taken up the question of
these disabilities with the local authorities, and the Colonial and Imperial
Governments; vide, for example, “Foot-Paths Again”, 17-3-1904 and “Lord Selborne
and Indians in the Transvaal”, 14-10-1905. “Statement Presented to Constitution
Committee”, 29-5-1906.
2
Vide, for instance, “Johannesburg Letter”, 25-4-1908.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 383


suggests that the objections, mostly exaggerated, made in the petitions
above referred to, to the habits of the Indian community as to
insanitation, etc., in so far as they are based on facts, can be, and are,
easily met by general municipal health regulations.
In conclusion, the Association trusts that His Majesty’s
Government will take such steps as may be necessary and expedient to
safeguard the existing rights of British Indian subjects of the Crown,
resident in the Transvaal, to ameliorate their position in respect of the
matters hereinbefore referred to. And for this act of justice and mercy
your Petitioner shall, as in duty bound, for ever pray.
A. M. C ACHALIA
C HAIRMAN ,
BRITISH INDIAN ASSOCIATION

Colonial Office Records: 551/22

406. SPEECH AT JOHANNESBURG FAREWELL


[May 1, 1911] 1

A large gathering of local Indian sportsmen met at the Hamidia Islamic Hall,
Vrededorp, to wish good-bye to Mr. Joseph Royeppen on the eve of his departure for
his home in Durban, after the conclusion of his part in the Transvaal Passive
Resistance movement. Mr. Gandhi was in the chair. . . .The chairman opened the
proceedings and naturally touched on his own pet game of passive resistance. He said
there were many games. In some they won, and in others they lost, but there was a
game in which they must always win, and that was passive resistance. He referred to
the long and dreary game that had been played by them for the last four and a half
years, and trusted that the winning point was now scored. A community which could
play the game of passive resistance so honourably as they had done could play any
other game equally well. . . .

The Star, 4-5-1911

1
A report appearing in the Gujarati section of Indian Opinion, 13-5-1911,
states that this function was held on May 1, 1911 under the auspices of the Bande
Mataram League. Vide also the following item.

384 THE COLLECTED WORKS OF MAHATMA GANDHI


407. TRANSVAAL NOTES
Tuesday [May 2, 1911]
An overflow meeting was held at the Hamidia Hall on Thursday,
the 27th ultimo. Mr. Cachalia presided. Probably 200 men had to
stand outside the Hall. The proceedings lasted over four hours. Messrs
Kallenbach and Ritch were also present. The discussion was at times
heated, if not actually stormy, and throughout there was intense as to
the intentions of the Government. Mr. Gandhi explained the whole of
the correspondence, and advised acceptance of the proposals made
therein. After Mr. Coovadia and Messrs Royeppen, Solomon Ernest,
Thambi Naidoo, Imam Abdul Kadir Bawazeer, Sorabjee, Sodha and
others had spoken in favour of acceptance, Mr. Abdul Rahman of
Potchefstroom moved that the proposal as to suspension of passive
resistance be accepted conditional upon fulfilment of the pledges
given by General Smuts. The proposition was somewhat crudely
worded, but it sufficiently expressed the sense of the meeting. Mr.
Shelat seconded. There was a counter-proposition to the effect that the
proposal might not be accepted until the intentions of the Government
were carried into practice. The original proposition was carried with
but five dissentients.
It was also decided at this meeting that the proposal to send a
public deputation to England consisting of Messrs Cachalia and
Gandhi should be withdrawn, and that the funds collected be devoted
to sending Mr. Polak to England, in order to enable him to rejoin
Mrs. Polak, as also to take up such public work as may be found
necessary during the Conference and after. According to the pro-
gramme at present arranged, about the middle of October, Mr. Polak
will leave with Mrs. Polak for India, and there attend the meeting of
National Congress in December, and remain there up to the time of
passing of the Bill that is to be introduced during the forthcoming,
session of the Union Parliament, in terms of General Smuts’ letter of
the 22nd ulto. Telegrams in suport of the meeting were received from
Klerksdorp and Peitersburg, and delegates attended from Germiston,
Boksburt, Heidelberg, etc.
* * *
The Chinese have also held meetings, and have passed
resolutions accepting the proposed settlement, asking Mr. Gandhi to

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 385


attend to certain difficulties of their own. The one very satisfactory
result, so far as the Chinese are concerned, that has been achived is
that the two parties into which they were unhappily divided after the
renewal of the struggle in the middle of 1908 have now reunited.
* * *
Mr.Gandhi is now in further correspondence with General
Smuts, and final letters may be exchanged during the week.
* * *
Mr. Polak arrved last Saturday evening, and was received by Mr.
Cachalia and other members of the community and he left for
London last Monday by the Imperial Mail. He was seen off by nearly
one hunderd Indians and Chinese, including Messrs Kallenbach, Ritch,
Issac, Van Weenen and Miss Schlesin. He was garlanded by Mr.
Cachalia, and was the recipient of several bouquets. Flowers were
showered upon him, and as the train was about to steam out, Mr.
Camay, in a few well-chosen words, thanked Mr. Polak for his great
services, wished him a happy time with Mrs. Polak and his family, and
hoped that whatever public work he might do would be crowned with
the same brilliant success that had attended his efforts in India.
* * *
A reception was held by the Bande Mataram League in honour
of Mr. Joseph Royeppen, on Monday night. Refreshments were
served, and the tables were laid for nearly 50 guests, among whom
were Messrs Cachalia, Quinn, Fancy, Thambi Naidoo, David Ernest,
Bawazeer, Sorabjee, Medh and others. Messrs Kallenbach and Issac
were also present, Mr. Gandhi was in the Chair. Several speeches were
made, 1 all more or less dealing with the passive resistance struggle.
* * *
The British Indian Association is sending a petition2 addressed
to the Secretary of State for the Colonies, dealing with grievances
arising out of the operation of Law 3 of 1885, the Gold Law, and the
Townships Amendment Act, and several other matters.
Mr. Ritch has already appeared in the Courts in several cases
with success.
* * *

1
For a report of Gandhiji’s speech vide the preceding item.
2
Vide “Petition to Secretary of State for Colonies”, 1-5-1911.

386 THE COLLECTED WORKS OF MAHATMA GANDHI


Mr. G. Ramasmy has sent a box of vegetables to the Farm.
Indian Opinion, 6-5-1911.

408. LETTER TO E. F. C. LANE1


May 4, 1911
DEAR MR. LANE,

With reference to the interview2 with General Smuts, I have


conferred with Mr. Cachalia and other leaders. It seems to be no easy
matter to give you a complete list of the names of those who as passive
resisters would be competent to apply, and, in any case, the pre-
paration of the list will take some time. But I think I can easily
describe the classes who may be permitted to apply, I do not deal with
those who are in South Africa, for General Smuts, I understand, does
not anticipate any dificulty about them.
There are no Chinese passive resisters outside South Africa.
Those Indians who may be in India should fall under one or
[the] other of the following sub-heads:
(a) Those who, after the 1st of January, 1908, were deported
under the Registration Act 2 of 1907 or Act 36 of 1908, and have not
yet applied under either of the Acts;3
(b) Those who, though not deported, left South Africa owing to
the struggle some time after the 1st day of March, 1907.4

1
On May 5, 1911, Lane acknowlged this letter saying that it was being
forwarded to the Minister for considarations (S.N. 5529) and on May 19 the Acting
Secretary of the Interior wrote to Gandhiji recording the Government’s final
acceptance of the satyagrahis’ demands. The Minister trusted that this acceptance
would be regarded by the Asiatic community as “a final settlment of the questions
involved”; vide Appendix, “E.M. Gorges’ Letter to Gandhiji”, 19-5-1911.
2
This does not appear to be the interview of April 19, 1911(“Abstract of
Interview with General Smuts”, 19-4-1911) for none of the issues discussed in this
letter figured in that meeting. Gandhiji, however, mentions in his letter of May 8,
1911, to Polak that he went to Pretoria to see Smuts and met people on Thursday and
Friday. It would be natural to suppose that these days were May 4 or 5. If this meeting
did take place as is strongly suggested by the letter to Polak, no record of it is
available.
3
A batch of 16 Indians was deported for the first time on April 14, 1909 and
by June 5, 1909, about 29 had been deported.
4
In August 1907, H.O. Ally left the Transvaal since he wished neither to join
the satyagraha campaign nor to register under Act 2 of 1907. Several others left about
the same time for the same reasons.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 387


The onus of proof of deportation under (a) and of leaving
under (b) should fall on the applicant.
By adopting the above method, General Smuts’ fear that the
door may be opened to applicants who may have left South Africa for
India years ago and may now set up a fictitious claim is set at rest.
I understand that not more than thirty Indians are likely to fall
under (a) or (b), and that not more than 150 are likely to apply from
South Africa.
It follows from the correspondence between us that those who
have applied to the Registrar for registration under either the Act of
1907 or that of 1908, and have been rejected, cannot now reapply.
But there are some in South Africa who applied for voluntary
certificates before the Act of 1908 was passed, but who, having been
rejected by the Registrar, did not apply after the Act of 1908.1 These
men will now apply under the Act so as to be able to avail themselves,
if necessary, of the right of appeal reserved under the Act of 1908.
Of the Chinese in South Africa, there are not more than 30, of
whom all but two are in the Transvaal, these two being in Delagoa
Bay.
I take it that registration will proceed at once. I venture to
suggest that applications be not received after, say, the 31st December
next.
May I point out the desirability of finally closing this matter, as
some passive resistance prosoners are still in gaol who are to be
recommended for discharge, and as I am most anxious, if I can, to
close among ourselves further discussion of the interminable points
that crop up pending a final announcement.
Yours etc.
[M.K. G ANDHI]

From Indian Opinion, 27-5-1911, also photostat of draft in Gandhiji’s hand,


in which the last paragraph is missing: S. N. 5529a

1
In his reply dated May 19, 1911, the Acting Secretary of the Interior
estimated their number at 180, including Chinese and Indians; vide Appendix, “E.M.
Gorges’ Letter to Gandhiji”, 19-5-1911.

388 THE COLLECTED WORKS OF MAHATMA GANDHI


409. LETTER TO A. E. CHOTABHAI
May 4, 1911
DEAR MR. CHOTABHAI,

I am much obliged to you for your note of the 3rd instant


enclosing[a] cheque for £300 in conneciton with your son’s case1 . As
I have already informed you, I do not desire to make any personal use
of your generous gift. It is my intention shortly to make over the
Phoenix Farm, together with the machinery and the Press Buildings,
which have been valued at £5,000, to trustees in trust for public pur-
poses; and I propose, if I can induce our wealthy men to follow up
your gift, to devote the money towards building a substantial school at
Phoenix. Should, however, such support not be forthcoming, I
propose to retain the sum to use, if required, for the objects of passive
resistance, should its revival next year unfortunately become
necessary.
Thanking you for your promise of co-operation in public work,
Yours sincerely,
M. K. GANDHI

Indian Opinion, 13-5-1911

410. LETTER TO H.S.L. POLAK


Sunday night [May 7, 1911] 2
MY DEAR HENRY,

I have written a great deal. My right hand is tired. It is intensely


cold. I am therefore trying the left hand. I had intended to give you a
long letter but just as I commenced your letter, there was an
interruption. I shall, therefore, be brief. Why feel grateful to me when
I was bound to [do] what I could to contribute to your joint
happiness. After all on that memorable boxing day (was it not), I gave
Millie to you or you to Millie, so far as the outside world is

1
For details of the Chotabhai case, vide 2nd footnote of “Letter to E.F.C.
Lane”, 22-4-1911
2
From the contents; vide also”Letter to Dr. Pranjivan Mehta”, 8-5-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 389


concerned. It was at my instigation that you separated.1 It was nothing
but my duty to bring you together as soon as the opportunity offered
itself. No more therefore of thanksgiving. You do your duty and if I
succeed in doing mine as well, we shall be fairly quits.
Now that you are there, I shall not write to Millie except when
some special occasion demands it.
I have your promise that you will neither worry Sally nor Maud.
They are both grown-up women and will not take even advice if not
offered in a most tactful manner. I shall need their certificates before I
say that you have at the end of your visit there, discharged your duty
just as well as you did in India. I feel sure that you will not be
impatient with the young Indians whom you will meet there.
Herewith a copy of translation of Harilal’s letter. What a fine
boy and yet how mad! He had left details of his movements with
Joseph with instructions to inform of them if he found me inquiring.
He is in Delagoa Bay. I have wired to him asking him to wait there
and to confer with me before leaving for anywhere else. I understand
his desire is to bury himself somewhere in the Punjab and study there.
He has wired saying he is writing to me. I shall therefore hear from
him tomorrow.
Have not yet received final letter from Smuts.
With love to you all,
Yours,
BHAI
[PS.]
Monday
I have your radio message which I suppose you sent just to tease
me. No news yet from Harilal but Joseph had a letter from him
describing his journey to D’Bay.

From the original:Gandhi-Polak Correspondence. Courtesy : National Archives


of India

1
Vide “Abstract of Interview with General Smuts”, 19-4-1911

390 THE COLLECTED WORKS OF MAHATMA GANDHI


411. LETTER TO H. S. L. POLAK
May 8, 1911
MY DEAR POLAK,
Herewith your plate, also Mr.Cachalia’s authority1 , draft for
£116/9/-, and copy of a translation of Harilal’s letter. Pater’s letter
will be, I take it, sent you by West2 . You will have noticed that he did
not understand your telegram. Cordes’ 3 address is John H. Cordes
Junior, 68 gr. Bleichen, Hamburg. I see that your passage to London
will come to over £45, including what was paid on the luggage at Park.
This does not include the expenses during the voyage, including
gratuities. I, therefore, put down your passage at £55 as far as
Waterloo. Here then is my estimate:
Passage to London £ 55
May 20-Oct.15 at £50 per month £ 250
Passage to Bombay for you, Milly, Celie
and the boys £ 100
Stay in India Nov.-March at £25 £ 125
Cable expenses, etc. £ 100
Passage from India to South Africa £ 60
____
£ 690
I, therefore, estimate £700 as the expenses. There may be a

1
The reference is to Cachalia’s letter to Polak authorizing him to represent
African Indians in England, following the decision of the BIA meeting of April 27 to
send him on deputation instead of Gandhiji and Cachalia.
2
Albert H.West. It was in Isaac’s vegetarian restaurant in Johannesburg,
where Gandhihji met so many European colleagues of his, that he met West also. The
latter in fact sought him out offering to nurse plague patients. Instead Gandhiji asked
him to take charge of the printing press at Phoenix offering him only £10 a month
for the task. From then on, this “God-fearing humane Englishman. . . . remained a
partner of my joys and sorrows” until Gandhiji left South Africa in 1914. He put the
press at Phoenix, of which he became joint mannager, on a secure foundation.
Though not detailed for satyagraha work, he was arrested in 1913 for sheltering
striking indentured Indians at Phoenix.
3
A German Theosophist who gave up a lucrative post to become a member of
the Phoenix Settlement; was in charge of the school at Phoenix and also looked after
the nursing work in the Colony;was at this time doing a year’s course at the
Theosophical Society in Adyar under Mrs. Besant whom he greatly admired; later
went to India to join Gandhiji at Sevagram where he died in 1960.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 391


saving if you return earlier. Of the above amount, £44 has been spent
here roughly for your passage, and £200 has been now sent to you on
account of the deputation. I have deliberately calculated £50 for the
expenses there, because during your stay the activity of the Committee
will be greater, and so I have put down £25 instead of £18 per month,
and that may enable Maud not to worry; and I have put down a larger
amount for your private expenses also because of your being there,
and that will be, I should say, £25. I think that you should be able to
manage without unncessary stinting. At the same time, if you find that
the amounts are not enough, you can fall back upon the £100 for
cables, etc., because my estimate is only rough, and you are by no
means bound down to it. I have not got your account ready yet. It will
be sent next week. The £16/9/-included in the draft represents the
balance of the purses after deducting £20 sent to Milly, and £5/1/-
your subscription to the Theosophical Society, to the Law Society, and
£2 taken in Durban. But, if I have misunderstood your instructions,
please let me know. I think that you told me that from the amount of
the purses I should deduct the amount of the draft sent to Milly and
the expenses incurred thereafter.
The Gold Law business will tax your energy and ability. I sent
you under separate cover the Statutes of 1908 and the amendment to
the Townships Act, 1909. The Klerkdorp people have put down,
among only three of them, £150 towards your expenses. You will,
therefore, realize their anxiety, as also the need for prompt work.
Please give me details of all you do regarding the Gold Law for publi-
cation. You will be somewhat angry with me that I have not yet got the
Natal petition1 ready. I could not manage it. I had to go to Pretoria all
of a sudden to see the General, and, as you may imagine, Thursday
and Friday were spent in interviewing people here. Smuts told me that
he was going to give a favourable reply on all the points as soon as he
was satisfied with rererence to the number of passive resisters falling
under question 2, that is, pre-war residents. He thought that my answer
permitted of 300,000,000 applications from India, and his apprehen-
sion was not ill-founded. I have, therefore, defined more accurately
whom I consider to be passive resisters outside South Africa. You will
see my definition from the copy enclosed. 2 The interview was long
and apparently cordial. He was eager to meet us on every point. He

1
Vide “Memorial to Secretary of State for Colonies”, 15-5-1911
2
Vide “Letter to E.F.C.Lane”, 4-5-1911

392 THE COLLECTED WORKS OF MAHATMA GANDHI


certainly mentioned that there would be an unperceived diminution of
the rights hitherto enjoyed by the Cape, that there would be a stringent
education test for the Cape and Natal also. He is greatly desirous of
passing a general Bill, and asked me to help him to solve the Free
State difficulty. I can see no way out of it without first passing the
provincial legislation. I hope to be able to tackle the Natal petition
today. You have, I take it, Gregorowski’s opinion on the Gold Law.
Khota’s case1 you will find reported in I.O.on page 148, Vol. 1909.
What we want is an amendment of the Gold Law, and suspension of
operation of Section 130 thereof meanwhile.
Yours sincerely,
[M. K. GANDHI]
From a photostat of the typewritten office copy: S. N. 5531

412. LETTER TO DR. PRANJIVAN MEHTA


TOLSTOY F ARM,
Vaisakh Sud 10 [May 8, 1911] 2
DEAR SHRI PRANJIVAN,
Your two letters reached me this week.
I have held since 1899 the same views that you do about
Theosophy. They pressed me hard that year to join the Society but I
refused in no uncertain terms, saying that, though the Soceity’s rule
respecting brotherhood appealed to me, I had no sympathy for its
search for occult powers. I do not think that Mrs. Besant3 is a
1
Messrs Khotas & Co. had since 1898 been trading on a stand sublet to them
by a white in Nigel, a mining area. In 1909, the Receiver of Revenues refused to
renew their trading licence by virtue of Sections 92 and 130 of the Gold Law which
forbade Asiatics from residing or trading in proclaimed area. On appeal, the transvaal
Supreme Court disallowed the Government’s interpretation and ordered the Receiver
to issue the licence.
2
The gift of £300 mentioned later in this letter was received by Gandhiji on
May 4, 1911 (“Letter to A. E. Chotabhai”, 4-5-1911). In that year Vaisakh Sud 10
corresponds to May 8.
3
Annie Besant (1847-1933); an associate of Charles Bradlaugh; free thinker
and a radical socialist, became president of Theosophical Society in 1907; founded
Indian Home Rule League of which she became President in 1916; President of Indian
National Congress, 1917, and interned for a time by Lord Pentland; advocated the
cause of extreme nationalists in India after the Montagu Reforms; her works include:
Autobiography, Religious Problem in India, and a transation of the Gita, etc. In a
letter to Lord Chelmsford, Gandhiji ranked her “among the most powerful leaders of
public opinion” in India.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 393


hypocrite; she is credulous and is duped by Leadbeater. When an
Englishman suggested to me to read Leadbeater’s The Life after
Death, I flatly refused to do so as I had grown suspicious of him after
reading his other writings. As to his humbug. I came to know of it
later. All the same, I have drawn from Theosophy the lessons which
seemed to me worth drawing. Blavatsky’s1 Key had made a good
impression on me. Theosophy sent many Hindus inquiring into their
own religion. It has performed the same service as Christianity has.
Moreover, Theosop-hists believe in the same basic principles as we
doand therefore it is easy enough to come across good persons
among them. Though there is no dearth of crooks at all levels from
the highest to the lowest among the Vaishnav and other sects, we do
find gems like Narasinh Mehta 2 and Bhojo Bhagat 3 amongst them.
Ritch was a Theosophist. He urged me to become a member. Not only
did I not become one, I helped him to be free from that humbug.
Polak is a Theosophist, but he stays miles away from the practices and
writings of Theosophists. The same is true of Kallenbach. When I was
in India, I sent Gokaldas to the College4 at Benares. Then also I was
disppointed. Even after wards, as long as I had not come to see the
light, which I have now, that is, as long as I had not outgrown the
fascination for modern education, I used to inquire about institutions
like the Benares College and even wished to send the boys there,
thinking that something was better than nothing.5 All that is over now.
Cordes, at Phoenix, is a staunch Theosophist. I have not yet been able
to get him out of the hold of Theosophy. In himself, he appears to be
a sincere man. He has gone to Adyar at present, against all persuasion.
Being honest, he will see the the fraud that is there and turn his back
on it, unless he is taken in. It is worth ascertaining what humbug
prevails there safe under the cover of Mrs. Besant’s goodness. Her

1
Helena Petrovna Blavatsky (1831-91); born of aristocratic Russian parents,
founded the Theosophical Society in 1875. The Society’s headquarters, set up at
Adyar in 1879, addressed itself to the task of promoting a universal brotherhood and
to studying comparative religion. She was controversial figure and many questioned
“the spiritual phenomena she exhibited”. May 8, the day of her death is, however,
commemorated by her many followers the world over as “white lotus day”.
2
A saint and poet of Gujarat
3
A medieval Gujarati poet
4
Central Hindu College at Benares founded by Annie Besant
5
Here Gandjiji uses a Gujarati saying, “ It is better to have somebody one can
call uncle than to have none at all.”

394 THE COLLECTED WORKS OF MAHATMA GANDHI


desire to pass off as the “Master” is understandable. One who runs
after occult powers cannot but become so intoxicated. It is for these
reasons that all our shastras have looked upon occult powers and
Yogic attainments as unworthy pursuits. And that is the reason, I think,
why bhaktiyoga1 is regarded as superior to hathayoga 2 .
Please read the accompanying letter 3 from Harilal 4 . He had
told Joseph Royeppen everything and asked him to inform me as
well, if necessary. That is how I came to know more about
his movements. He is at present in Delagoa Bay, and has replied
to my telegram from there. He did not like going to England
with your money and under any binding. As Joseph tells, me,
he wants to go to the Punjab and study there in peace. His letter is all
ignorance. Even the idea of going to the Punjab, in the absence of
more details, seems no better. But I shall know more in a couple of
days. He did a lot of thinking in gaol. Moreover, he witnessed a great
transformation in my life and saw my as well. All these things have, it
appears, influenced his mind unconsciously. I think his morals are
sound. I have, therefore, no his account. I have told him that he ought
not to have taken the step he has,5 without my knowledge. I shall give
more information next week.
Six educated satyagrahis from Natal have been given permission
to settle here. I think we might send them for studies in England for a
year expense if they would [agree to] spend the remaining part of
their life, or at least ten years, in such public work as we suggest.
There are two or three of them who would [agree]. Even more might
come forward. I want your consent for sending them [abroad]. If the
idea appeals to you, cable just “Gandhi-Johannesburg Yes” and I
shall understand. Not that they will leave immediately. I am discussing
the matter with them. I am inclined to send them if they agree and if I
am satisfied. My idea is that, for the present, such persons should be
trained at Phoenix in agriculture and weaving; they should learn press
1
The way of devotion
2
The way of psycho-physical control
3
Not available
4
Gandhiji’s eldest son. While still 20, he went to jail as a satyagrahi in the
Transvaal campaign of 1908 at his father’s instance; vide “Trial of Harilal Gandhi and
Others”, 28-7-1908; “Johannesburg Letter”, 1-8-1908 & “Trial of Harilal Gandhi
—II”, 10-8-1908. Gandhiji regarded it as a part of Harilal’s education; ibid .
5
That is, his leaving home without informing Gandhiji

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 395


work also. When they have been so trained it may be possible to send
then to India. I feel that a similar programme should be taken up in
India, too. It will be, I think, easier to manage it here, though it might
prove a little more expensive.
Young Indians are able to exert greater force of character here.
The control which Purshottamdas 1 does, and can, exercise over his
senses here would certainly be impossible in India. Likewise, the
freedom his wife enjoys and her unconstrained manner of living will
not, I think, be possible at present among our class in India. I keep
thinking that it would be well if a few persons were trained here
thoroughly, Those who bind themselves to work for ten years will
have to be maintained by us. Please go through the enclosed letter 2
from Purshottamdas. The ideas mentioned in it are being
implemented, independenly of me. West and others have followed
their own judgment in putting these into practice. I worked very hard
on Chotabhai’s case. He wanted to give me something in return. I
refused totake anything for myself. He has now given me £300 to be
spent as I think best.3 Having had his amount to start with, I intend to
go begging for more and, if I get some, to have a building put up for
the school at Phoenix.4 Failing in this, I feel inclined to use the
amount for promoting the cause of satyagraha in some manner.
Polak has gone to England. We have started a subscription for
him locally and decided to collect as much as £700. With this, he may
stay in England up to October, leave for India in the middle of that
month, accompanied by Mrs. Polak, attend the Congress, stay on there
till the Bill to be enacted here next year is passed and return soon
after. By that time, it should be March next year. The expenditure on
all this, including the passage, is put at £725. If, while in India, he stays
with friends, something will be saved from this. I expect you will invite
them to Rangoon for some time. You must have noticed that Mrs.
Polak’s habits are not as simple as her husband’s.
If I can get some time during the next six or eight months, I
propose to give my attention to farming or weaving. Purshottamdas
has been to a factory to see a handloom. I have given him permission

1
Purshottandas Desai; for some time in charge of the school at Phoenix
2
Not available
3
Vide “Letter to A. E. Chotabhai”, 13-5-1911 and “Mr. Chotabhai’s Gift”,
13-5-1911.
4
Ibid.

396 THE COLLECTED WORKS OF MAHATMA GANDHI


to buy one of the same type. If he does I will ask you to meet the cost.
It will be necessary for some time to spend money on all these
ventures. I wish to have a free hand, so far as you are concerned.
I see that I can make at least £200 if I forget all else and only
practice. But I am resolved not to have anything to do with that. Most
of the work will go to Ritch. I have given him a seat in my own office
and he has already started work. He is anxious to earn money for the
sake of his family. His desire will be satisfied by this arangement and
the community will save £25 which it gives as a monthly allowance to
his family.
The final letter from Smuts has not yet been received. But it will
come. So I believe.
Bande Mataram from,
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 5084. Courtesy: C. K.


Bhatt

413. FRAGMENT OF LETTER TO MAGANLAL GANDHI1


[About May 8, 1911] 2

. . . But I also see that . . . was . . . that is why . . . I hardly ever


interfere. I propose to visit Phoenix next month. We shall then discuss
things further. Please do nothing about the cow for the present. Sam3
has made a request [to that effect]. The idea of saving an hour from
press work is excellent. This is what will have to be done. Everyone
should have his working hours in the press cut down, the remaining
hours being devotged exclusively to farming. That is to say, if
everyone has to devote nine hours to the common tasks, eight of these

1
The first few pages of this letter are missing and the only one available is
damaged at places. From the contents, however, it would appear that it was addressed
to Maganlal Gandhi.
2
It is his”Letter to Dr. Pranjivan Mehta”, May 8, 1911, the preceding item,
that Gandhiji first mentions that Harilal has left home without informing him. This
letter was, therefore, presumably written about the same date.
3
“Sam”was Govindsami, a machine foreman in the International Printing
Press at Phoenix and a shikari.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 397


hours or at the least . . . the rest . . . similarly in other . . . since we
have founded...shall become shoemakers, blacksmiths, etc., and order
its affairs as in a village.
Please ask Purshottamdas to take the money spent on painting
and debit the amount to the building account. I shall write more later.
Harilal has taken a most extraordinary step. The fault lies with
me. Perhaps one may blame the circumstances. In any case, Harilal is
not to blame.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 5086. Courtesy:


Radhabehn Choudhri

414. CABLE TO PRANTIK PARISHAD1


May 9, 1911

THANKS. YOU SHALL SEE STRUGGLE CARRIED ON ANY COST


MOTHERLAND’S ASSISTANCE.

[M. K. GANDHI]

From the Gujarati translation reproduced in Gujarati, 14-5-1911

415. MR. CHOTABHAI’S GIFT

Mr. Chotabhai, of Krugersdorp, whose name has become


famous throughout South Africa for the plucky stand he made against
the Union Government when they unsuccessfully attempted to drive
away his son from the Transvaal, has generously presented Mr.
Gandhi with a cheque for £300 for his work in connection with the
case2 . As is his wont nowadays, Mr. Gandhi has declined to make any
personal use of the gift. Of his intention to convert the whole of his
Phoenix property into a trust, we will say nothing for the time being.

1
This was sent to acknowledge the congratulations addressed to Gandhiji by
the Madras Provincial Conference (presumably the Madras Mahajan Sabha) on the
success of his passive resistance campaign.
2
Vide “Letter to A. E. Chotabhai”, 4-5-1911 and “Letter to Dr. Pranjivan
Mehta”, 8-5-1911

398 THE COLLECTED WORKS OF MAHATMA GANDHI


But we wish to draw the attention of our readers to Mr. Gandhi’s
request for donations to supplement Mr. Chotabhai’s gift, in order to
enable him to build a school on the Phoenix ground. It is well known
that in South Africa we have no scholastic institution worthy of the
name. We, therefore, trust that our wealthy and liberal-minded
countrymen will respond to Mr. Gandhi’s call.
Indian Opinion, 13-5-1911.

416. LETTER TO H.S.L. POLAK

May 15, 1911

MY DEAR HENRY,

You will this week have the Natal petition.1 The Cape petition
you have taken with you, I imagine.
Smuts has not yet replied to my last letter and we cannot call it a
final settlement unless we have his final letter.
Harilal returned on Saturday. He is too unsettled to be able to
[do] anything here. He is now going back. He will go to India and
there search for knowledge.
My mind is a perfect blank just now. I can think of nothing to
write to you upon.
Yours sincerely
BHAI

From the original : Gandhi-Polak Correspondence. Courtesy : National


Archives of India

1
Vide “Memorial to Secretary of State for Colonies”, 15-5-1911. Referring to
it in his letter to the addressee dated May 8, 1911 (ibid ), Gandhiji says that he hopes
“to tackle the Natal petition today”.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 399


417. MEMORIAL TO SECRETARY OF STATE FOR
COLONIES 1
[DURBAN, ]
May 15, 1911
THE MEMORIAL OF DAWAD MAHOMED , DADA OSMAN2 AND MAHOMAD
C ASSIM ANGLIA, IN THEIR CAPACITY OF P RESIDENT AND JOINT HONORARY
S ECERATRIES RESPECTIVELY OF THE NATAL , I NDIAN C ONGRESS

HUMBLY SHEWETH THAT

1. Your Memorialists, at a meeting of the Committee of the


Natal Indian Congress, representing the Indian population of the
Province of Natal, in the Union of South Africa, held on the 28th day
of April, 1911, were authorized and instructed respectfully to submit
the following humble respresentation regading the grievances of the
Indian Colonists residing in this Province.
IMMIGRATION R ESTRICTION

2. Your Memorialists have read with satisfaction the


correspondence3 issued recently in the Transvaal, announcing the
temporary arangement that has been arrived at between the Indian
residents of the Transvaal and the Union Government. Your
Memorialists venture respectfully to remind you that the painful
stgruggle that has been carried on during the last four years by the
Transvaal Indians has been watched with the closest interest and the
utmost sympathy by the Indians of this Province, who have given it
moral and material support.4 The Indians of Natal have cordially
shared the determination of their Transvaal brethren to offer the ut-
most resistance to legislation differentiating against Indians as a race,

1
There is evidence in Gandhiji’s letter of May 8, 1911 to Polak to suggest
that he drafted this.
2
An Indian merchant of Vryheid
3
Vide letters to Lane, “Letter to E.F.C. Lane”, 7-4-1911; 8-4-1911;
20-4-1911; 22-4-1911; 29-4-1911 and also Appendices “Lanes’ Letter to Gandhiji”,
11-4-1911; 21-4-1911 & 22-4-1911.
4
In 1908, prominent Natal Indians offered satyagraha and others contributed
funds to help the Transvaal campaign; vide “Pamphlet by Dr. Hundy”, 7-9-1907;
“What do do For Those Thrown Out of Employment?”, 28-12-1907 and Appendix
“The Asiatic Law Amendment Act”, 22-3-1907

400 THE COLLECTED WORKS OF MAHATMA GANDHI


and they will await the fulfilment of the official undertaking of the
Union Government to substitute for the present racial immigration law
of the Transvaal a measure applying legally to all races alike, and the
repeal of the Transvaal Act No. 2 of 1907, except for the preservation
of the rights of minors, in the next session of the Union Parliament.
3. Your Memorialists desire respectfully to express grave
apprehension, however, regarding the general Immigration Bill that
they understand is to be introduced in the Union Parliament next
session, as they have reason to believe that an attempt will be made to
curtail the existing rights of the Natal Indian community.1 Your
Memorialists respectfully venture to urge that His Majesty’s
Government will most carefully watch the progress of immigration
legislation in South Africa with a view to preservation of existing
Indian rights, especially the rights of entry into this Province of the
wives and monor children of domiciled Indians, and to receive certi-
ficates of domicile as a matter of right, 2 where claimants can prove
statutory domicile to the satisfaction of the Minister. Your
Memorialists respectfully remind you that the present Natal immi-
gration laws define the duration of residence within the Province
constituting domicile, but that the Union Immigration Bill that has just
been withdrawn contains no definitive provision. In order, therefore,
to avoid arbitrary administrative action, resulting in the unnecessary
arousing of ill-feeling between the Administration and the Indian
community, your Memorialists respectfully submit that the new Union
Immigration Bill should define domicile, the period of residence in
the Provinces of Natal and the Caps Colony, constituting statutory
domicile, being, say, three years, as it is at present in this Province.
4. Your Memorialists respectfully submit further that the new
education test proposed, being of an arbitrary nature, will result in the
virtual exclusion of Indian immigration into this Province. This, in the
humble opinion of your Memorialists, will result in great hardship to
the resident Indian community, many members of which conduct
important commercial transactions with business firms in India, in
which special knowledge is often required. The new education test,
however, designed to exclude all except a limited number of
highly educated Indians of professional attainments, will prevent the
resident Indian community from being able to avail itself of

1
Vide “Natal Petition to Union Assembly”, 9-3-1911
2
This was eventually conceded in the Indians’ Relief Act of 1914.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 401


facilities hitherto enjoyed, and your Memorialists, therefore,
respectfully request that, before the new Union Immigration Bill
comes before the Union Parliment, His Majesty’s Government
will ask for guarantees that temporary permits, extensible from time to
time, should be issued to confidential clerks and managers, in order to
avoid great injury that would otherwise result to Indian commercial
interests. 1 The number of such temporary permits issued may not
exceed annually the number of Indian immigrants who last year
passed the education test of the present Natal Acts, and your
Memorialists venture respectfully to remind you that the extension of
such facilities, whilst being much appreciated by the Natal Indian
community, will not result in any permanent addition to the resident
Indian population. Your Memorialists further note that, as stated in the
Parliamentary paper issued during the last session of the Union
Parliament, under the education test proposed in the defunct Bill, the
number of Indians who were allowed to pass was to be about twelve.2
As six was the number approximately conceded for the Transvaal,
which carries a possible Indian population of 15,000 and a resident
Indian population of not more than 8,000, twelve for the whole Union
was altogether too small, regard being had to the fact that the Indian
population of the Cape is not less than 15,000 and that of Natal not
less than 150,000, including indentured Indians, In proportion to the
numbers, there should be for the whole of the Union 72 new Indian
immigrants of culture, but your Memorialists would be satisfied if it
were understood that 50 British Indians of culture in any one year
would be allowed to enter under any education test that might be
proposed.
DEALERS’ LICENSES ACT
5. This Act has proved most mischievous in its operation against
British Indian merchants and traders of Natal 3 and, notwithstanding

1
The Indians’ complaint in this regard was a long-standing one; vide “Lord
Selborne and Indians in the Transvaal”, 14-10-1905; “The Nelson Cenetary: A Les-
son”, 28-10-1905; “Deputation to Lord Selborne”, 29-11-1905; “British Indians in
the Transvaal”, 8-11-1906 & “Letter to Private Secretary to Lord Elgin”, 1-12-1906
2
Vide “New Bill in Parliament”, 18-3-1911.
3
For Indian greivances against the Dealers’ Licenses Act, vide “Indian
Traders in Natal”, 18-11-1899; “Last year’s Stock-Taking”, 7-1-1904 & “Natal
Dealers’ Licensees Act”, 2-4-1904; “Letter to William Wedderburn”, 12-4-1911 and
“Letter to Private Secretary to Lord Elgin”, 7-11-1906; 1-12-1906 & “The Dealers’
Licenses Act”, 30-3-1907.

402 THE COLLECTED WORKS OF MAHATMA GANDHI


the slight amendment made partially restoring the inherent right of
appeal against the decision of Licensing Oficers or Boards to the
Supreme Court, 1 before any sense of security is given to them the Act
will require fundamental alterations. Difficulty is constantly experien-
ced in having trade licences transferred from place to place. The
Licensing Officers take up very often an ancompromising attitude
andonly recently a resolution was moved by a member of theNatal
Provincial Council-designed to deprive British Indian merchants even
of exiting licences.2
NATAL TOWNSHIPS
6. Your Memorialists invite your attention to the petition
submitted to His Excellency the Governor-in-Council in this matter.
Your Memorialist are not yet aware of the decision of His Excellency,
but they respectfully trust that a right hitherto enjoyed by the British
Indians of Natal will not be now taken away.
INDENTURED LABOUR
7. Your Memorialists take this opportunity of tendering
respectful thanks of the British Indian community of Natal for the
decision to stop the supply of indentured labour to Natal from India.3
Your Memorialists welcome this decision not only because the attitude
of the Europeans generally in South Africa is hostile towards
legitimate Indian aspirations, but also because, in your Memorialists’
humble opinion, the system of indenture is in itself inherently bad,
and savours of a state bordering on slavery. Your Memorialists feel
sure that most of the troubles that British Indians throughout South
Africa have had to undergo have been largely due to an artificial
increase in the Indian populatiion of South Africa, brought about by
the introduction of this class of labour. Your Memorialists respectfully

1
Vide “Natal Licensing Act”, 11-12-1909
2
On April 4, Hulett introduced a resolution in the Natal Provincial Council
requisting the Union Parliament to delegate to the Council “the power of granting or
withholding all trading licences in the Province”. In his own words, Natal ought to
have “the right to say who should trade or who should not trade”, and his object was
to rearm the Natal Government with powers sought to be conferred on it by the new
Natal Licensing Bill (“Natal Bills”, 9-5-1908 & “New Natal Bilss”, 16-5-1908)
which had been disallowed by the Imperial Government; vide “London”, before
18-9-1909.
3
Vide “The Indian Council and Indentured Labour”, 5-3-1910 & “A Momentous
Decision”, 7-1-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 403


submit that the tax of £3 per year which is exacted from those who
have finished their indentures, whether they be males or females, and
even their children, is a cruel and tyrannical imposition; and now that
the supply of indentured labour from India is to be stopped, there
would appear to be no justification whatsoever for the existence of this
imposition. Under it men have been persecuted, women’s chastity has
been at stake, and Indian youths have had their lives blasted. This is a
tax which, in the humble opinion of your Memorialists, requires total
abolition in the interests alike of humanity and the British Empire.
Your Memorialists here desire to remark that the relief that was suppo-
sed to be granted by a slight amendment of the Act imposing the tax,
in connection with women, has almost entirely failed in its purpose.
C ONCLUSION
8. In conclussion, your Memorialists respectfully pray that His
Majesty’s Government will give that consideration to the matters
hereinbefore referred to that they deserve, and that the status of British
Indians under the Union will be placed on a just, equitable and
satisfactory footing, consistently with the declarations made from time
to time by His Majesty’s Ministers regarding equality of treatment
irrespective of race, colour or creed.
DAWAD MAHOMED
DADA OSMAN
MAHOMED C ASSIM ANGLIA
Indian Opinion, 20-5-1911

418. LETTER TO MAGANLAL GANDHI


Vaisakh Vad 2 [May 15, 1911] 1
CHI. MAGAN LAL,

Herewith Chhaganlal’s letters. Many persons have been


agistated in their minds by the Harilal episode.2 I can well understand
the varied feelings surging within you. Please consider this: If

1
It was in 1911 that Harilal left his father’s home, returned after a trip to
Delagoa Bay, and left again after discussing the matter with his father—this time for
India. In that year, Vaisakh Vad 2 corresponds to May 15.
2
Vide “Letter to Dr. Pranjivan Mehta”, 8-5-1911 and “Letter to Maganlal
Gandhi”, 18-5-1911.

404 THE COLLECTED WORKS OF MAHATMA GANDHI


Harilal’s or Manilal’s 1 or Ba’s 2 being unhappy with you, or their
bitter words, make you think of leaving, you will be behaving as one
separate from us and I shall find it difficult to do my duty to them
and to you. Suppose you feel that Khushalbhai 3 is better disposed
towards Chhaganlal, or suppose he is so in fact, should you leave for
that reason? Alternatively, if appears that he is better disposed towards
you, must leave then and injure Chhaganlal?
If you decide on leaving, Harilal’s and Manilal’s best interests
cannot but suffer. We are engaged in a mighty task. We are seeking
the ultimate Truth. I do not claim that we aim at discovering somthing
entirely new. We are only experimenting in the manner of living
appropriate for one who aspires to realize such knowledge in his own
being. We wish to clear away the layers of earth deposited by the white
ants over the years. In the process, we are bound to come up against
difficulties. God will assuredly remove them all, our intentions being
good. Your duty, at this juncture, is to observe what happens, uncon-
cerned. The responsibility is entirely mine. I alone will be to blame
for any false step of mine. It is possible that it may put you in danger
for a time. But the fruits of my error will be for me alone to taste. It
can do you no harm if you go on doing your duty, placing your faith
in me.
Harilal returned this morning. I have always believed that he will
never take a step which he knows to be wrong. Now I believe that all
the more. I am waiting to see what he does next.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W.5085. Courtesy:


Radhabehn Choudhri

1
Gandhiji’s second son.
2
Kasturbai Gandhi (1869-1944); tought as a volunteer in a primary school in
Indian plantations around Champaran; went to jail several times as a satyagrahi, once
in South Africa and, later, twice in India. In his reference to her, Gandhiji speaks of
her as a spirited and courageous person;for touching incidents in their married life as
narrated by Gandhiji, vide An Autobiography, Part I, Ch. IV & Part IV Ch. X.
3
Gandhiji’s cousin and father of Chhaganlal and Maganlal Gandhi. Gandhiji
wrote to him occasionally; vide, for example, “Letter to Meghjibhai Gandhi and
Khushalchand Gandhi”, 14-5-1908

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 405


419. LETTER TO ACTING PRIVATE SECRETARY TO
MINISTER OF INTERIOR
[JOHANNESBURG , ] 1
May 18, 1911
THE ACTING P RIVATE S ECRETARY TO
THE MINISTER OF THE INTERIOR
DEAR SIR,

With reference to the provisional settlement of the Asiatic


difficulty, will you please place the following before General Smuts?
Pending General Smuts’ reply to my letter 2 of the 29th ultimo,
passive resisters have to remain in a state of suspense. They have not
resumed their ordinary occupations[s]. Mr. Joseph Royeppen is still in
Johannesburg awaiting General Smuts’ reply, and other passive
resisters are similarly vegetating. Those who have purposely remained
out of work still continue in the same state. As General Smuts is aware,
passive resistance prisoners still remain in gaol altghough virtually the
settlement has gone through.
Moreover, friends in London and India have not yet been
informed of the settlement being actully completed. And, in view of
the approaching Imperial Conference, we here are anxious to give
definite information to the friends in England. May I, therefore,
request an early reply to my letter? Could you please telephone
tomorrow some definite information?
I remain,
Yours faithfully,
M. K. GANDHI

From Indian Opinion, 27-5-1911; also photostat of draft in Gandhiji’s hand:


S.N. 5532.

1
As is evident from the last sentence of the letter, Gandhiji was in
Johannesburg at the time.
2
Vide “Letter to E. F. C. Lane”, 29-4-1911. The Acting Secretary of the
Interior sent two replies to this letter of Gandhiji’s as well as to a subsequent
communication dated May 4 (“Letter to E. F. C. Lane”, 4-5-1911) first a long letter
dated May 19, followed by a telegram on May 20; vide Appendices “E. M. Gorges’
Letter to Gandhiji”, 19-5-1911 & “Telegram to Gandhiji from Secretary for interior”,
20-5-1911.

406 THE COLLECTED WORKS OF MAHATMA GANDHI


420. LETTER TO MAGANLAL GANDHI
Vaisakh Vad 5 [May 18, 1911] 1
CHI. MAGAN LAL,

I have sent Thakar2 your letter about him. This happens because
your minds are estranged. We know that Thakar is by nature
suspicious.
Gulliver’s Travels contains so effective a condemnation, in an
ironic vein, of modern civilization that the book deserves to be read
again and again. It is a very well-known book in the English
language. Children can read it with enjoyment, so simple it is; and the
wise ones get dizzy trying to comprehend its hidden significance. In
Brobdingnag, Gulliver tumbled as low as he had risen high in Lilliput.
Even in Lilliput, he has respresented the tiny people as possessing a
few powers which were superior to his own, that is to say, to those of
normal people.
You should now read Carpenter’s Civilization: Its Cause and
Cure; I shall send it tomorrow. Admittedly, Chhaganlal experienced,
some difficulty owing to his inadequate knowledge of English. Even
so, if we know the subject on which we wish to write or speak, we
usually find the words. The deficiency in your knowledge of English
will never be made good without a visit to England. I see that even the
short stay in England has done Chhaganlal a lot of good. He was,
moreover, trouble by an illness, so that he had to face further diffi-
culties. The experience he gained will be very useful. I expect to be
there now in no more than a few days. I am planning to leave in the
beginning of June. I shall be able to let you know more positively if I
get Smuts’ reply. It is expected any day.
It is just as well that Harilal has left. He was much unsettled in
mind. He has assured me that he does not in the least resent the the
arrangement I had made regarding Phoenix.3 He bears no ill will
towards any of you. He was angry with me, really, He gave vent
to all his pent-up feelings on Monday evening. He feels that I
have kept all the four boys very much suppressed, that I did not

1
It was in 1911 that Harilal, referred to in this letter, left his father’s home in
the Transvaal and sailed for India. In that year Vaisakh Vad 5 corresponds to May 18.
2
A worker in the press at Phoenix.
3
Vide “Letter to A. E. Chotabhai”, 4-5-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 407


respect their wishes at any time, that I have treated them as of no
account, and that I have often been hard-hearted. He made this charge
against me with the utmost courtesy and seemed very hesitant as he
did so. In this, he had no thought of money at all in his mind. It was
all about my general behaviour. Unlike other fathers, I have not
admired my sons or done anything specialy for them, but always put
them and Ba last; such was the charge. He seemd to me to have
calmed down after this outburst. I pointed out his error in believing
what he did. He saw it partly. What remains, he will correct only when
he thinks further. He has now left with a calm mind. He is resolved to
lean more about those things on account of which I was displeased
[with him]. He is strongly inclined to study Sanskrit. Thinking that,
since Gujarati is our langauge, his education should for the most part
be in Gujarat, I have advised Harilal to stay in Ahmedabad. I believe
that is what he will do. However, I have left him free. I feel it will all
turn out well.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 5087. Courtesy:


Radhabehn Choudhri

421. LETTER TO MAGANLAL GANDHI


Monday [After May 18, 1911] 1
CHI. MAGANLAL,

I send you Chi, Chhaganlal’s letter, etc. Dr. Mehta also sent me
a copy of what he (Chhaganlal) had written. You need not be sorry
because you do not have a good knowledge of English. It is not our

1
Mrs. Vogl’s Indian Bazaar mentioned in the postscript was held once in
1910 and again in 1911, but from the reference to Harilal Gandhi, who finally left his
father’s home for India between May 15 and May 18, 1911, (letters to Maganlal
Gandhi, 15-5-1911; 18-5-1911) it is clear that the letter was writtern in 1911. The
Thakar incident and Maganlal’s projected visit to England are both discussed in this
letter as well as in the preceding item. The sequence of events would suggest that this
letter was written later. In the May 18 letter Maganlal Gandhi’s knowledge of the
English language is discused in the context of some remark which Chhaganlal Gandhi
appears to have made, and Maganlal Gandhi had evidently brought up the subject. In
this letter, Gandhiji has heard more of this from Dr. Pranjivan Mehta to whom
Chhaganal Gandhi evidently addressed this remark.

408 THE COLLECTED WORKS OF MAHATMA GANDHI


language. We may try to express our ideas in that language as best as
we can. This is just for your consolation, not to suggest that one
should not try to be proficient in it, It is to get that proficiency and the
experience of the life there that you have to go to England. Apart
from this there is nothing else to be gained [by a visit to England]. We
shall fix up your going as soon as you are ready.
I do not write more about Harilal as you will know everything
from my letter 1 to Manilal. What does Harilal Thakar say in the
enclosed letter?
Blessings from
MOHANDAS
[PS.]
Please remember that Santok2 and Ani 3 have to sew something
and send it for Mrs.Vogl’s4 Bazaar 5 .

From the Gujarati original in Gandhiji’s hand: C.W. 5090. Courtesy:


Radhabehn Choudhri

422. LETTER TO MINISTER OF INTERIOR6


JOHANNESBURG ,
May 19, 1911
SIR,

I have the honour to acknowledge the receipt of your letter 7 of


even date.
With reference to paragraph “C” thereof if you will re-read
my letter 8 of the 4th instant, you will see that the qualifications
of the 180 Asiatic passive resisters therein mentioned are not restricted

1
Not available
2
Wife of Maganlal Gandhi
3
Wife of Purshottamdas Desai
4
Wife of Vogl, a draper. The Vogis sympathized with the Indian cause and
Mrs. Vogl took a keen interest in Indian women, conducting classes for them; vide
“Letter to the Vogls”, 1-2-1908.
5
Opened on November 15, 1911, by William Hosken
6
The reply to this letter was sent by telegram as requested by Gandhiji; vide
Appendix “Telegram to Gandhiji from Secretary for interior”, 20-5-1911
7
Vide Appendix, “E. M. Gorges’ Letter to Gandhiji”, 19-5-1911
8
Vide “Letter to E. F. C. Lane”, 4-5-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 409


as you have restricted them in said paragraph. The number (180)
included in addition to the class you mention those 1 who never were
able to apply under the voluntary system or any of the Asistic laws.
The community will feel grateful for the concession regarding 3
educated Mahomedans.
The absence of any disclamer in your letter of the interpretation
of the provisional settlement as set forth in my letter2 of the 29th ulti-
mo, I construe to be an endorsement thereof by the Hon. the Minister.
There never has been any request for the release of those who
may have been convicted of having, or of having used, forged
certificates. Such people have never been claimed as passive resisters.
As the Association has to advise, by cable, freinds in England
and India as to the situation, may I request a telegraphic reply on
receipt hereof?
I have, etc.,
M. K. GANDHI

From Indian Opinion, 27-5-1911; also photostat of draft in Ritch’s hand with
emendations by Gandhiji: S.N.5534.

423. LETTER TO G.K.GOKHALE


JOHANNESBURG ,
May 19, 1911
DEAR PROFESSOR GOKHALE,

I do not know indeed whether, after your cablegram inquiring


about the now defunct Immigration Bill, you expected me to write
to you regularly. I have always refrained from inflicting letters
1
This, as is clear from the reply (Appendix, “Telegram to Gandhiji from
Secretary Interior”, 20-5-1911) to the letters, refers to those who had acquired
domiciliary rights in the Transvaal by virtue of three years’ residence before the Boer
War. These rights constituted an important issue in the 1908 campaign, These were
fervently insisted on by Indians and eventually conceded by Smuts; vide “Letter to
General Smuts”, 13-6-1908; “Letter to the Press”, 22-6-1908; “Letter to Colonial
Secretary”, 6-6-1908; “Letter to A. Cartwright”, 14-7-1908 & “Letter to A.
Cartwright”, 27-7-1908.
2
The draft (S.N.5534) from Gandhiji’s file, our other source for this letter,
has “4th instant”. This date, as a note in the margin indicates, was subsequently
corrected over the telephone to “29th ultimo”; vide Appendix, “Telegram to Gandhiji
from Secretary for interior”, 20-5-1911.

410 THE COLLECTED WORKS OF MAHATMA GANDHI


on you, being personally aware of the many other calls upon your
time. Mr. Polak brought my knowledge up to date by telling me
that, when he last saw you, you were, if possible, much busier than
you used to be when I had the provilege of staying with you in
Calcutta. 1 But I feel that it is necessary for me to give you a review of
the situation here, at periodic intervals. Whilst I naturally consider that
without passive resistance during the four years nothing whatsover
could have been done, I am quite certain that the efforts made by the
public in India under your guidance and Mr. Polak’s wonderful work
there and Mr. Ritch’s in England have very materially hastened the
end of our troubles; but we have to fight such a stubborn enemy, that
ceaseless watchfulness is absolutely necessary. I am not unaware of the
fact that the gaining of theoretical equality in the immigrartion
legislation will not have visibly altered for the better our material
condition here; but the struggle has knit us together in a wonderful
manner, and it has undoubtedly secured for us an honourable
hearing. The community has gained confidence in itself. We are,
therefore, only now free to devote our attention to the existing local
legal disabilities affecting not so much our honour as a nation but the
material position of the settlers themselves. For instance, the
prohibition to own landed property in the Transvaal must be removed;
the disabilitgy as to using tram-cars is too galling to be tolerated for
any length of time; the diabolical attempt being made through the
operation of the obscure section2 in the recently passed Gold Law of
the Transvaal must be frustrated at any cost if the Indian traders are to
be left undisturbed in possession of their premises and their business.
So much for the Transvaal. In Natal, the inhuman annual tax exacted
from freed indentured Indians, their wives, and their little children,
male and female, is a burden that cannot but oppress the concience of
every Indian who has any knowledge of the tax. The Dealers’
Licenses Act of Natal, in spite of the slight amendment made in irt
recently, is like a cloud threatening to burst upon the community at
any moment. And, at the Cape, similar statute threatens the existence

1
Gandhiji stayed with Gokhale in 1901 in Calcutta.
2
Section 130 under which Europeans were forbidden to sublet Stands to
Coloured persons in proclaimed areas. In his representation to the Transvaal
Government in 1908 (“Letter to Colonial Secretary”, Before 25-4-1908 & “Petition
to Transvaal Legislative Assembly”, 15-6-1908) against the draft Bill, Gandhiji had
not foreseen any difficulties under this clause and was concerned with provisions
affecting Asiatics more directly.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 411


of Indian traders; and a clause in its immigration law makes the right
of domicile possessed by Indian settlers a mockery by compeling
them, in the event of their absence from the Cape, to carry a permit
which is really a document giving leave of absence whose breach
would cancel the right of domicile. It will be too much to expect you
to read thememorials1 submitted or being submitted to the Secretary
of State for the Colonies in these matters, but perhaps you will ask one
of your workers to study them, and then take what steps you may
consider necessary. These will be found in Indian Opinion.
About the beginning of November, Mr. and Mrs. Polak will be
in India, when, of course, Mr. Polak will be able to give you all the
assistance you will need. Whilst there is little doubt that the Provisional
Settlement will go through, we are yet awaiting a final reply from
General Smuts. All the passive resisters are being warned to keep
themselves in readiness, in the event of General Smuts’ promise not
being fulfilled next year. Tolstoy Farm is, therefore, still being
continued, but every effort is being made to use the passive resistance
funds most sparingly. I am preparing an account to the end of April
of disbursements, which I shall embody in a public letter to Mr. Ratan
Tata 2 , reviewing the position. The expenses of Mr Polak’s tour are
being raised locally.
Hoping that you are keping well,
I remain,
Yours sincerely,
M. K. GANDHI
From a photostat of the typewritten original: G.N. 3802

424. LETTER TO KNOX


[JOHANNESBURG ,]
May 19, 1911
3
DEAR MR. KNOX ,

I must apologize to you for not sending you the article in


Indian Opinion you wanted. The same week that you telephoned, I
had the file of Indian Opinion searched, but the article could not be
1
Vide “Petition to Secretary of State for Colonies”, 1-5-1911 and “Memorial
to Secreatry of State for Colonies”, 15-5--1911.
2
Gandhiji did this on April 1, 1912.
3
A European sympathizer of the Indian cause in South Africa

412 THE COLLECTED WORKS OF MAHATMA GANDHI


traced. As I do not possess an up-to-date index, it is somewhat
difficult to trace it. I endeavoured to get you on the telephone but
without success. Since then the matter has escaped me. I have now
your reminder. During the two days that Mr. Polak was here on his
way to London, I asked him whether he remembered the date on
which the appreciation was published. He gave me an approximate
date which, however, did not prove correct, but he also told me that
perhaps the enclosed might suit your purpose. It belongs to Mr.
Kallenbach. After use, will you kindly return it to me?
Yours sincerely,
[M. K. GANDHI]
From a photostat of the typewritten office copy: S.N. 5535

425. A WORTHY OBJECT


We draw the attention of our readers to the brief report in our
Transvaal Notes of a meeting 1 of the Hamidia Islamic Society with
reference to the proposal to raise funds for supporting the project for
erecting a mosque in London and for a Mahomedan University at
Aligarh. We need hardly state that both the projects are laudable. The
erection of a mosque in London would be but a tardy performance of
a sacred duty, and the establishment of a University at Aligarh, if
properly conducted, can only advance the cause of unity between the
two great sections of the population of India.
Indian Opinion, 20-5-1911

426. A LICENSING SCANDAL


We reproduced in our issue of the 6th instant the
report of the licensing appeal heard before the Durban Town Council
on behalf of the Natal Indian Traders, Ltd. 2 Our readers are aware
1
Held on May 14, 1911
2
Messers Natal Indian Traders, Ltd., had appealed to the Durban Town
Council against the Licensing Officer’s refusal to transfer D. K. Patel’s trading
licence in their favour. The Licensing Officer justified his decision on grounds of
expediency and Whites’ right of self-preservation in the face of Asiatic competion in
trade. He argued that while, in consequense, a partnership concern would have
perpetual right of succession, a licence issued to an individual terminated at his
demise or retiral. The Council upheld the Licensing Officer’s decision. Indian
Opinion, 6-5-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 413


that this Company is a joint-stock business, and is composed very
largely of Colonial-born Indians. It is an attempt for the first time
made by this body of specially deserving men, to whom Natal
is the only home and India exists in the imagination as a place
from which their parents came. This Company has a nominal capital
of £6,000, and has over 480 registered shareholders. We do not know
what future awaits this new corporation, though, if we may state a
truism, its future will largely depend upon the corporate ability,
energy and above all, interest shown by the members. Anyhow, its
effort to make of itself a success has been checked in so far as it can
be by the Licensing Officer for the Borough of Durban. He has
declined to transfer an existing licence in favour of the Company.
There is here no question of adding to the number of already existing
licences held by British Indians. The reasons given for his refusal are
so preposterous, arbitrary, unjust and heartless that they will bear
repetition in this column, although they also appeared in the report we
have referred to. The Licensing Officer states:
In my opinion it would be unwise to transfer an existing licence to a large
partnership concern which will not determine, as any privately owned
business does with the death or retiral of the principal—this Traders Company
will apparently have perpetual right of succession—as members can come and
go—most of them appear to have a very small holding in the concern.

What a Licensing Officer could have to say against a perpetual


right of succession we fail to see, but, of course, Mr. Molyneux, the
Officer in question, is here referring to Indian businesses only, which
he has assumed it to be his duty to curtail as much as and whenever he
can. He has enunciated also the principle that all Indian businesses
must end with the death or retiral of the present owners, thus
contemplating a forced sale of such businesses and a consequent
heavy loss. In his speech before the Council—by the way, an
extraordinary procedure to be adopted by Licensing Officers, to take
up a partisan standpoint and to be allowed to speak in defence
thereof—Mr. Molyneux sought to justify his despotic action as fair on
the ground of self-preservation, that is, of the Europeans residing in
the Borough of Durban. Whatever that much misunderstood doctrine
may mean, the Licensing Officer has in this instance entirely ignored
the fact that, after all, this Company’s business is largely connected
with Indian custom. I can only hope that the 480 members of this
Company will not take lying down this attempt to throttle it on the

414 THE COLLECTED WORKS OF MAHATMA GANDHI


threshold of its career, and that every member of it will resent it not
only as a cowardly assault upon his personal rights, but also upon his
honour as a British citizen within the Union.
Indian Opinion, 20-5-1911

427. LETTER TO MINISTER OF INTERIOR1


May 20, 1911
SIR,

I have the honour to acknowledge the receipt of your telegram


of even date in reply to my letter2 of the 19th instant. I beg to express
my thanks for the promptness with which my request for a telegraphic
reply was met and for the evident frankness thereof . . .
I am authorized by the Association to signify acceptance of the
provisional settlement and, in doing so, to add that the correspondence
subsequent to the letters exchanged between Mr. Lane and myself of
the 22nd April last is to be taken as not in any way abating the
proposals set forth in my said letter3 .
The list of those who will be intitled to relief under the
settlement is being prepared and will be sent at an early date.
The following are the names of the passive resisters still
undergoing imprisonment: C.F.J. Frank, Lee Kong, Luk Nan Dickson,
Ho Loaw, Sam You, Chong Ah Kie, Wo Kim Ah Wy, Ismail Essack
and Louis Benjamin. They are either at the Fort or at Diepkloof. I
shall thank you to let me know the dates when they will be discharged
so that arrangements may be made for their conveyance.
I venture to submit herewith a form of authorization 4 for the
educated passive resisters. You will notice that each applicant has
written his own application. An official endorsment at the foot thereof
1
In his reply (S.N. 5539) dated May 22, 1911, the Acting Secretary for the
Interior said that the Minister “was in communication with the Minister of Justice
with the object of procuring the immediate release of Asiatics named on the list
furnished in your letter as corrected by your telephone message in respect of Wo Kim
and Ah Wy”. He added, “It is understood of course that all Asiatics who have destroyed
their registration certificates will not apply for the required duplicates.”
2
Vide “Letter to Minister of Interior”, 19-5-1911.
3
ibid
4
Not available

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 415


will be sufficient cover for the holder. If necessary, duplicate of the
application in the applicant’s handwriting may be filed with the
Department.
In conclusion, I am to convey to the Hon’ble the Minister the
thanks of the Association for the conciliatory manner in which he has
met the question, and to express the hope that there never will be any
cause for a revival of the struggle which has cost the Asiatic
communities so much.
I have, etc.,
[ M. K. GANDHI ]
From Indian Opinion, 27-5-1911; also photostat of handwritten draft: S. N.
5538

428. STATEMENT FOR PROPOSED DEPUTATION


[After May 20, 1911] 1
THE S TATMENT OF THE BRITISH INDIAN DEPUTATION
TO GENERAL S MUTS

The Deputation welcome the Provisional Settlement of the vexed


British Indian question as set forth in correspondence2 between
General Smuts and Mr. Gandhi, and tender their thanks to General
Smuts for his generous and conciliatory attitude.

1
This statement deals with those Indians whose pre-war residence in the
Transvaal amounted to less than three years. Their case had not been taken up during
the negotiations of April, 1911, and does not figure in the demands conceded by the
Minister of the Interior in his communications to Gandhiji of May 19, 1911 and May
20, 1911; vide Appendices V & VI. Special pleading was conceivably neccessary in
their case, and any deputation for this purpose must have been proposed after May 20.
We have, however, no evidence that Gandhiji or any official of the BIA sought an
interview with Smuts or that an Indian deputation met him. As this document was
found among Gandhiji’s papers and as he himself personally conducted the
negotiations on behalf of the Indians, it is reasonable to suppose that he drafted this.
2
For letters by Gandhiji to the Minister of the Interior, vide “Letter to E.F.C.
Lane”, 7-4-1911; “Telegram to Johannesburg Office”, 7-4-1911; “Letter to General
Smuts”, 19-4-1911; “Letter to E.F.C. Lane”, 20-4-1911; 22-4-1911; 29-4-1911;
4-5-1911; “Letter to Acting Private Secretary to Minister of Interior”, 18-5-1911;
“Letter to Minister of Interior”, 19-5-1911 and the preceding item and for
comunications from the latter, vide Appendices, “Lane’s Letter to Gandhiji”,
11-4-1911; 21-4-1911; 22-4-1911; “E.M. Gorges’ Letter to Gandhiji”, 19-5-1911;
“Telegram to Gandhiji from Secretary for Interior”, 20-5-1911.

416 THE COLLECTED WORKS OF MAHATMA GANDHI


The Deputation would, however, respectfully draw General
Smuts’ attention to the following:
(1) Whilst the Deputation are glad that educated passive resisters
at present in the Transvaal but not registrable under the
Act to the number of six or seven are to be allowed to remain in
this Province as permanent residents,1 it is felt that similar facility
should be given to certain educated Indians who may be required as
confidential clerks or assistants. In the opinion of the Deputation, this
is a crying necessity. Only the other day, a respectable merchant, Mr.
Ameer Saheb, was refused permission, pending his absence owing to
sickness, to bring in an assistant who was needed for his business.
(2) The Asiatic Act of 1908 enables only those who prove three
years’ pre-war residence to re-enter the Transvaal. Now that the
Government have been pleased to enable pre-war resident passive
resisters who can prove three years’ pre-war residence to exercise their
rights under Act 36, in spite of their having failed to apply within the
statutory period,2 the Deputation request that the claims of those who
have lived in the Transvaal before the war for less than three years but
who left owing to the outbreak of hostilities may be recognized. This
will be an act of justice which will be much appreciated.

From a photostat of the typewritten draft: S. N. 5557

1
Vide Gandhiji’s letters to Lane, dated 22nd and 29th April, 1911, “Letter to
Minister of Interior”, 19-5-1911 and Appendices “Lane’s letter to Gandhiji”,
22-4-1911; E.M. Gorges’ Letter to Gandhiji”, 19-5-1911.
2
Vide “Letter to E. F. C. Lane”, 29-4-1911; “Letter to Minister of Interior”,
19-5-1911 and Appendix, “Telegram to Gandhiji from secretary for interior”,
20-5-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 417


429. NOTICE TO PASSIVE RESISTERS1
JOHANNESBURG ,
May 22, 1911
The following passive resisters are earnestly requested to send in
their names immediately to the Honorary Secretary, Box 6522,
Johannesburg:
(a) Those who are pre-war Transvaal residents of 3 years’
standing but who have been unable to obtain their registration
certificates owing to passive resistance;
(b) Those who are otherwise entitled to registration but have not
been registered owing to passive resistance;
Under the Provisional Settlement arrived at with the
Government, such persons will be permitted by the Government
notwithstanding the lapse of the statutory period of their deportation,
to apply to the Registrar of Asiatics for registration, if the application
is sent before the 31st December next.2
Those who have at all applied for registration under the Act 36
of 1908 or Act 2 of 1907 during the struggle, and whose applications
have been rejected, are requested not to send their names.
Those who know passive resisters of the classes above named in
India should at once write to their friends advising them to take steps
to secure registration before the 31st December next.
Persons sending in their names should send (a) their full names;
(b) period of pre-war residence or such other claim; (c) proof of their
passive resistance, such as discharge certificates or other proof that
they have been passive resisters; (d) all documentary or other evidence
in support of their claims; (e) those who applied voluntarily in 1908
should send particulars.
These applications will be framed whenever possible and

1
This was presumably drafted by Gandhiji.
2
The settlement as accepted by the Government is set forth in Appindices,
“E. M. Gorges’ Letter to Gandhiji”, 19-5-1911 & “Telegram to Gandhiji from
Secretary for interior”, 20-5-1911. Gandhiji’s demands on behalf of the Indians are
contained in his letters to Lane, “Letter to E.F.C. Lane”, 22-4-1911; 22-4-1911 and
4-5-1911.

418 THE COLLECTED WORKS OF MAHATMA GANDHI


forwarded to the Registrar free of charge by the Association. Each
applicant will have himself to prosecute his application at his own
expense during the subsequent stages if such become necessary.
Applicants will have the ordinary right of appeal against the Re-
gistrar’s decisions.
A. M. C ACHALIA
C HAIRMAN ,
BRITISH INDIAN ASSOCIATION
Indian Opinion, 27-5-1911

430. LETTER TO H.S.L. POLAK


May 22, 1911
MY DEAR HENRY,
I cannot write to you at length as there is no time. Final letters
have been exchanged and now we must trust to the future to take care
of itself. I sent you a cable on Friday night as General Smuts’ reply
was not quite satisfactory. I did not want you to commit yourself to
Reuter. I am presently sending a cable now. I have just heard that
Natal has sent you its authority.
I take it that you will show Maud all the papers I send you.
More next week.
With love,
Yours sincerely,
BHAI
From the original : Gandhi-Polak Correspondence. Courtesy : National
Archives of India

431. INTERVIEW TO REUTER


JOHANNESBURG ,
May 23, 1911
Mr. Gandhi, interviewed by Reuter’s representative, stated that the settlement1
contemplated the introduction next session of legislation repealing

1
The Provisional Settlement as set out in “Letter to Minister of Interior”,
19-5-1911; “At Last !”, 27-5-1911 and Appendices, “E. M. Gorges’ Letter to
Gandhiji”, 19-5-1911 & “Telegram to Gandhiji from Secretary for Interior”,
20-5-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 419


the Asiatic Act of 1907 and restoring legal equality as regards immigration. As a set-
off to the suspension of the passive resistance the Government recognizes the right
of the passive resisters, numbering ten, to enter the Transvaal by virtue of their
education,1 and reinstates the passive resisters2 who formerly had rights of residence,
the Government also releasing the imprisoned passive resisters immediately and
pardoning Mrs. Sodha.
The Times of India, 25-5-1911

432. LETTER TO REGISTRAR OF ASIATICS3


May 26, 1911
THE R EGISTRAR OF ASIATICS
P RETORIA
SIR,

I have the honour to enclose herewith list4 of 38 Chinese who, in


terms of the settlement or otherwise legally, are entitled to make
applications for registration. It will be observed that there are only 26
names that fall under class C in the letter5 of the 19th instant of the
Department of the Interior.
There are 11 who are holders of Peace Preservation Permits, and
one is a lad who has only just reached the age of 16, and who is here
with his father.

1
Vide Appendices, “Lane’s Letter to Gandhiji”, 22-4-1911; “E. M. Gorges’
Letter to Gandhiji”, 19-5-1911 & “Telegram to Gandhiji from Secretary for Interior”,
20-5-1911.
2
The 30 Indians who were either deported or left for India during the
satyagraha campaign of 1908 as also others who applied for voluntary registration
and whose applications had been turned down (“Letter to E. F. C. Lane”, 4-5-1911).
The latter were accorded the right to appeal to courts of law.
3
This was almost certainly drafted by Gandhiji. This letter, along with
another draft dated August 21, 1911 (“Letter to Registrar of Asiatics”, 21-8-1911) on
the same subject which is addressed to the Registrar of Asiatics and is, moreover, in
Gandhiji’s hand, was found among his papers but we have no evidence that they were
sent; they were not published in Indian Opinion as such letters usually were. In his
letter of May 19, 1911 (Appendix, “E. M. Gorges’ letter to Gandhiji”, 19-5-1911),
the Minister of the Interior had asked that the list referred to here be sent to him early.
In fact, it seems reasonable to assume that the letters bearing on the Provisional
Settlement and on larger issues concerning Act 2 of 1907 or Act 36 of 1908 were
drafted by Gandhiji.
4
Not available
5
Vide “E.M. Gorges’ Letter to Gandhiji”, 19-5-1911.

420 THE COLLECTED WORKS OF MAHATMA GANDHI


Of the 26 referred to in the list, 2 are in Delagoa Bay.
As for the 3 Mahomedans 1 who are to receive certificates, I am
authorized to submit the following names: Mr. Kajee Kalumia
Dadamia, Mr. Ismail Essop and Mr. Rasool Sarfudeen. With the
exception of the last named, the other two have not received English
education. The first named is an Urdu scholar and both the first and
the second named are passive resisters, but probably are nto strictly
per-war residents of three years’ standing, though they are both pre-
war residents of the Transvaal. Mr. Sarfudeen will hold a certificate
the same as Mr. Royeppen and others.
I shall thank you to let me know when the persons herein
described will be able to make their applications. I take it that you will
be good enough to afford facility for making application at
Johannesburg. Will you please give me two days’ notice, so that the
men may be got ready in time.
May I ask you to facilitate the discharge of passive resistance
prisoners, two of whom were released today by eff[ect] to time. I need
hardly assure you that there is no desire to hold a demonstration of
any sort on their discharge.
I have, etc.,

From a photostat of the typewritten draft: S. N. 5541

433. FOR PASSIVE RESISTERS

We draw the attention of our readers to Mr. Cachalia’s notice 2


regarding those passive resisters whose right of residence in the
Transvaal may have been forfeited by reason only of their passive
resistance. Time is of the essence in this matter. We trust, therefore,
that those who are affected by the notice will lose no time in
complying with its request. We hope, too, that those who have applied
under the Asiatic Acts, but have been rejected, will not send in their
names.
Indian Opinion, 27-5-1911

1
Vide “E.M. Gorges’ Letter to Gandhiji”, 19-5-1911.
2
Vide “Notice to Passive Resisters”, 22-5-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 421


434. AT LAST !

A provisional settlement of the Asiatic trouble in the Transvaal


has at last been reached, and the Indians and Chinese of the Transvaal
are free to resume their ordinary occupations, at least for eight
months. The correspondence1 between the Minister of the Interior and
Mr. Gandhi shows that every precaution has been taken to see that the
parties understand each other and to leave no room for a
misunderstanding. And yet a lay reader will understand from it very
little of the settlement. To fairly grasp the many points discussed in it
a knowledge of the Asiatic laws is indispensable, though, happily, no
such detailed knowledge is necessary in order to know what the
settlement really consists in. It is necessary to recall that, in the
statement made by the Indian deputation that went to London in
1909, but two things were stated to be essential for satisfying passive
resisters, namely: (1) Repeal of Asiatic Act 2 of 1907 and (2) legal
equality for immigrants to the Transvaal, it being understood that
there might be differential administrative treatment in the operation of
such immigration law, subject, however, to the guarantee that at least
six educated Asiatics in any one year should be able to immigrate to
the Transvaal under any test that might be provided in the law.2
It was stated on behalf of the community that those who were
actually fighting would, if required, forgo their individual rights and
cease passive resistance if only the above demands were granted.
Messrs Sorabji and others who entered the Transvaal as educated
Indians3 would have retired without claiming any rights for them
selves, Those who, owing to the revival of the struggle, could not be
registered, would have quietly forfeited their rights and, of course,

1
Vide “Letter to E.F.C. Lane”, 22-4-1911; 29-4-1911; 4-5-1911; “Letter to
Minister of Interior”, 19-5-1911 & 20-5-1911 and Appendices, “Lane’s letter to
Gandhiji”, 11-4-1911; 21-4-1911; 22-4-1911; “E.M. Gorges’ Letter to Gandhiji”,
19-5-1911 & “Telegram to Gandhiji from Secretary for Interior”, 20-5-1911.
2
Vide “Statement of Transvaal Indian Case”, 16-7-1909
3
Sorabji entered the Transvaal to test educated Indians’ right of entry and was
tried three times; vide “Trial of Sorabji Shapurji—I”, 8-7-1908; Trial of Sorabji
Shapurji—II”, 10-7-1908 & Trial of Sorabji Shapurji—III”, 20-7-1908.

422 THE COLLECTED WORKS OF MAHATMA GANDHI


their means of livelihood.1 This declaration was made in order to show
to the world how entirely impersonal the struggle was and how it was
being maintained solely for an ideal—to wit, national honour. In the
result, the teaching of Jesus of Nazareth : “Seek ye first the Kingdom
of God and His righteousness and all else will be added unto you” 2
has perhaps never been better verified than in this settlement. General
Smuts was at one time reputed to desire to fling the demands of the
community contemptuously back in their faces. In that event, the
sacrifice above referred to would have been needed. But God willed
otherwise. General Smuts reconsidered his position and eventually
accepted the co-operation of the passive resisters. He could not carry
his legislation during the last Parliament and yet, owing evidently to
the Imperial Conference and the approaching Coronation, desired
cessation of passive resistance.3 The passive resisters then offered to
suspend their operations if General Smuts undertook to grant their
cardinal demands and to pass them into law next session of Parliament
and further promised not to penalize passive resisters for their passive
resistance. 4 The correspondence5 we publish is, as will be seen, largely
taken up with what may be termed the non-essential and ephemeral
part of the settlement. Whatever intricacy there may be regarding this

1
On February 10, 1908, voluntary registarion of Indians commenced after
Smuts and the Indians had arrived at a compromise; vide “Letter to Colonial
Secretary”, 28-1-1908 & “Interview to “The Transvaal Leader”, 30-1-1908. The
Indians later claimed that Smuts had failed to implement the compromise and decided
on May 30 to resume satyagraha; vide “Letter to “Indian Opinion”, 30-5-1908. Out of
the total Indian population in the Transvaal estimated variously at 13,000, reckoning
by the number of permits issued (“Interview to the Tribune”, 20-10-1906), and
“Letter to The Star”, 4-7-1908), at 10, 000 by the census (“Interview to the Tribune”,
20-10-1906), at 9,000 by Gandhiji (“Letter to The Star”, 4-7-1908), 8, 700 had
applied for voluntary registration by May 9, 1908. The reference here is to those who
could not, for one reason or another, register before May 9, the last date set for
voluntary registration.
2
“But seek ye first the kingdom of God, and his righteousness; and all these
things shall be added unto you.” St. Matthew, Ch. VI, v. 33.
3
Vide “Letter to L.W. Rich”, 21-4-1911 and Appendix “Lane’s Letter to
Gandhiji”, 21-4-1911
4
Vide “Gandhiji’s letters to Lane”, 22-4-1911 & “Letter to E. F. C. Lane”,
29-4-1911 and Appendix, “Lane’s Letter to Gandhiji”, 22-4-1911
5
This was published in Indian Opinion, 27-5-1911, under the heading, “The
Settlement Completed: Final Correspondence between the Minister and Mr. Gandhi”.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 423


part of the settlement, there is none as to its main part, viz, the repeal
of Law 2 of 1907 and amendment of the present Transvaal
immigration law.
But will the promise be redeemed? This question has been asked
from many quarters. Ordinarily there can be no doubt about it.
General Smuts as a responsible Minister with a Parliamentary majority
behind him has bound his Government to introduce the necessary
legislation.1 If the Parliament does not accept it, it will amount to a
vote of no-confidence entailing the resignation of the Ministry of
which he is perhaps the most important member. But we are free to
admit that General Smuts will not take any such heroic steps over an
Asiatic question. Nevertheless the remote contingency of the
Parliament rejecting his measure could not be allowed to stand in the
way of our accepting the olive branch. Our quarrel hitherto was with
General Smuts. He was the stumbling-block in the way of our
reaching the goal. He has now softened his heart and is pledged to
concede what only a few months ago he declared he would on no
account give. Such being the case passive resisters properly decided
upon a cessation of their activity.2 This puts General Smuts upon his
honour. The same stubborn, calm and dignified resistance that was
offered to General Smuts could next year with equal certainty of
success be offered, if need be, to the mighty Union Parliament. Passive
resistance is a force which is effective against the mightiest opposition
even as light is against the deepest darkness. Those, therefore, who
express misgivings for the future either do not understand passive
resistance or donot believe in the sincerity or the strength of the
Transvaal passive resisters.
But if the legislature ratifies General Smuts’ promise, will
passive resistance end for ever? The Union Government in general
and Smuts in particular, as being the Minister in charge of the Asiatic
department, can alone answer the question. General Smuts’ pledge
being redeemed, passive resistance will undoubtedly cease on the
question that gave rise to it. If, however, some new anti-Asiatic
legislation equally offensive is introduced striking at the honour or
the existence of the community, it may be affirmed with reasonable
certainty that South Africa will witness fresh passive resistance. The

1
Vide Appendix, ”Lane’s Letter to Gandhiji”, 22-4-1911
2
At the British Indian Association meeting of April 27, 1977; vide “Letter to
E. F. C. Lane “, 29-4-1911 and “Transvaal Notes”, 2-5-1911.

424 THE COLLECTED WORKS OF MAHATMA GANDHI


British Indian Association has rightly acknowledged and appreciated
the conciliatory manner in which General Smuts has at last
approached the question. If, then, he has reconsidered his attitude
towards Asiatics and the statement alleged to have been made by him
that he will not rest until he has driven out the last Asiatic from South
Africa, and wishes to apply the same spirit of conciliation that he has
applied (though somewhat late in the day) to the demands of the
passive resisters, there need never be any fear of a recrudescence of
Asiatic passive resistance in South Africa.
Indian Opinion, 27-5-1911

435. FOR SATYAGRAHIS


We draw the attention of every satyagrahi to the notice1 issued
over Mr. Cachalia’s signature. It is essential that satyagrahis whose
rights were earlier forfeited, but have been secured under the settle-
ment, should send the required information to the Association immed-
iately. If any of them are in India, they should also be informed. We
advise those who applied under, and submitted to,the Obnoxious Act2
or Act 36 3 while the struggle was in progress, not to send in their
names. If any Indian conceals the fact of his having so applied and
sends in his name regardless, he will only invite contempt both on the
community and himself. If the Registrar has already received an
application from a person who is applying now, the fact will soon be
discovered and the applicant will not be registered.
[From Gujarati]
Indian Opinion, 25-5-1911

436. LETTER TO HARILAL GANDHI


TOLSTOY F ARM,
Vaisakh Vad 14 [May 27, 1911] 4
CHI. HARILAL,

I have the letter you wrote before leaving Delagoa Bay. It is

1
Vide “Notice to Passive Resisters”, 22-5-1911.
2
Act 2 of 1907, the Asiatic Registration Act
3
Of 1908, the Asiatics’ Regisrtration Amendment Act
4
This letter, it appears, was written just after Harilal Gandhi left South Africa,
and that was in the middle of May, 1911. In that year, Vaisakh Vad 14 corresponds to
May 27.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 425


desirable that Rami1 grows up under the influence of strictly Indian
ideas. Accordingly, I think you have done right in deciding not to
send her chocolates. However, I should caution you against taking the
line that ‘this must be done because Bapu wants it so, From among the
ideas I suggest, you should put only those into practice that appeal to
you. I should like you to grow up in freedom. I know your motives
are good. Whenever your ideas are mistaken, they will therefore get
corrected automatically.
The prisoners have not been released so far but they will soon
be.2
It appears that the cable3 I sent you about [the need for] your
applying for registration has not reached you. I sent it care of Nanji
Dulabhdas.
Keep reading Indian Opinion carefully while you are there.
The following Gujarati books are eminently worth reading:
Kavyadohan, Panchikaran, Maniratnamala, Dasbodh, Chapter VI of
Yogavasishtha—Hindi translation available—Poet Narmadashanker’s4
Dharma vishe Vichar5, two volumes of Raychandbhai’s6 writings.
And, of course, there are Karanghelo and other books.
Karanghelo evidences the maturity of the Gujarati language. Taylor’s
grammar and his introduction to it are both vary good. I have
forgotten whether it is a preface or a separate essay on the Gujarati
language.
I should advise you to make it a regular practice to read
Tulsidasa’s Ramayana. Most of the books I have listed at the end of

1
Harilal’s doughter
2
Vide “ Letter to Registrar of Asiatics”, 26-5-1911.
3
Not available
4
Narmadashanker Lalshanker Dave (1833-1889); poet and a pioneer of
modern Gujararti literature whom Gandhiji often quoted
5
The correct title is Dharmavichar.
6
Raychandbhai Ravjibhai Mehta; poet and connoisseur of pearls and
diamonds with a “passion to see God face to face” ; renowned for his feats of memory
as shatavadhan; a relation by marriage of Dr. Pranjivan Mehta who introduced him to
Gandhiji. This first meeting convinced Gandhiji that Raychandbhai “was a man of
great character and learning” whose “burning passion for self-realization”
“cast a spell” over him, and “in moments of spiritual crisis, therefore, he was my
refuge” and “the predominant factor” that led to Gandhiji’s vow of brahmacharya.
Gandhiji kept up a correspondence with him till the poet;s death; vide An
Autobiography, Part II, Ch. I, XV, XXII & Part III, Ch. VII.

426 THE COLLECTED WORKS OF MAHATMA GANDHI


Indian Home Rule are worth going through. 1 In order to learn
Sanskrit well, I would advise you always to start your reading with it.
Only then will you remember and understand it all. You won’t find it
difficult after the first book is properly done. Do not take up the
second book before you have mastered the first. Whenever you come
across a Sanskrit verse, you should immediately try to understand its
meaning in Gujarati.
Please write to me in detail and regularly.
Blessings from
MOHANDAS

From a photostat of the Gujarati original in Gandhiji’s hand: S. N. 9532

437. LETTER TO H. S. L. POLAK


May 28, 1911
MY DEAR HENRY,

So you have already granted an interview. I am sending you


cuttings. The whole thing seems to have been fixed up nicely. You
have called it a compromise. Is not settlement a better term? Ritch
points out that compromise may presuppose give and take whereas we
have yielded nothing. Please criticize I.O. freely. I am trying to get
Ritch to write for it every week. I dare say you will not fail to notice
what is his.
The collections for your mission continue. We have now
reached over £500 the whole of it is not yet banked. Cachalia and
Sorabji are travelling in the Klerksdorp District.
We are trying to organize a dinner at the Masonic Hall for the
European Committee.
I propose to go to Phoenix for a fortnight at an early date. I
wanted to during the first week of June but I may not be able to do so.
I want to start the work of registration before I go.
I do not propose any longer to write the weekly official letter. I
want to leave it to Ritch and I do not want Maud 2 to duplicate her
1
Vide “Appendices to “Hind Swaraj”“Some Authorities and Testimonies Bt
Eminent Men”, 22-11-1909
2
Assistant Honorary Secretary of the South Africa British Indian Committee
in London

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 427


letters either. A packet addressed to Ritch should be enough. Ritch
should come before the public as much as possible. Moreover, I wish
to slip out of the public gaze as much as possible. I should like to
bury myself in the Farm and devote my attention to farming and
educating.
With love all round,
BHAI

From the original : Gandhi-Polak Correspondence. Courtesy : National


Archives of India

438. LETTER TO G. A. NATESAN


TOLSTOY F ARM,
LAWLEY S TATION,
TRANSVAAL ,
May 31, 1911
1
DEAR MR. NATESAN ,

In my cable2 advising of the provisional settlement, I asked Prof.


Gokhale to inform you of the contents of the cable. I hope he
repeated the cable to you. The settlement has gone beyond our
expectations. We did not expect to be able to save individual rights.
These have now been fully protected. But we are by no means yet out
of the wood. General Smuts has to translate his promises into
legislation. This, however, there is little doubt, will be done unless
General Smuts has no regard whatsoever for his reputation. The
danger therefore lies not in the likelihood of his breaking his promise
but in his passing other legislation affecting adversely the position of
domiciled Indians. His actions, therefore, will have to be closely
scrutinized. I need hardly say how much we owe to your wonderful
work there. I hope that you will persist in your agitation for securing
an amelioration of the condition of those who are residing in S.A. I
have no doubt that you are keeping yourself in touch with the

1
G.A. Natesan; of G. A. Netesan & Co., Madras, published lives of Indian
leaders, and edited, Indian Review; Gandhiji maintained a “regular correspondence”
with him. Vide “Letter to A.H. West”, 24-12-1909; “Collector’s Assassination”,
1-1-1910 & “Letter to Maganlal Gandhi”, before 9-12-1910 and Satygraha in South
Africa, Ch. XXXI.
2
Not available.

428 THE COLLECTED WORKS OF MAHATMA GANDHI


columns of Indian Opinion in which are reproduced all the petitions1
recently sent to the Imperial Government.
You have earned the gratitude of every Indian in S.A. by your
work on the indenture question also.2 Having observed the system for
nearly 18 years, I have come to hold very strong views on the question
of indentured emigration from India. Even if it were possible to
secure fair treatment from the masters (which it is not) the system is
inherently bad. Indentured men lose terribly in moral fibre. In many
cases they improve as animals, they lose in almost every case as men.
As a solution of the problem of poverty such emigration has in no
way proved helpful. As a nation we lose in prestige by sending our
poorest brethren as practically slaves. No nation of free men will
tolerate such a system for a moment. I hope therefore that you will
with all your might agitate for putting an end to the system, first
outside India and then within our own borders. If I could help it, I
would certainly not send a single Indian under indenture, say, to
Assam.
As the struggle has only been suspended, Tolstoy Farm will be
continued though under considerably modified conditions.
Mr. and Mrs. Polak will be in Indian about the month of
November and they will remain there pending the introduction of
General Smuts’ Bill next year.
With renewed thanks for all you have in our behalf,
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: G.N. 2224

1
Vide “Petition to Secretary of State for Colonies”, 1-5-1911 and “Memorial
to Secretary of State for Colonies”, 15-5-1911
2
On March 1, 1911, a public meeting, held under the auspices of the Indian
South African League of Madras, unanimously passed a resolution urging the
Government of India to restrain the sirdars, who were on their way to India to recruit,
on behalf of the Natal planters, indentured labourers on to India ro recruit, on behalf
of the Natal planters, indentured labourers on five-year contracts before the Indian
Government’s embargo on indentured emigration came into effect on July 1, 1991.
Supporting the resolution, G.A. Natesan spoke of “the moral evil” of emigraton and
emphasized “the need to dog the sirdars wherever they went and to prevent them from
recruiting coolies under false information”. These sirdars lured illiterate villagers
with money and fanciful accounts of Natal as a land of gold, and the credulous
villagers were made to sign the bond of indenture at their recruiting depot at Madras.
Natesan sent round a circular warning all the villages around Madras against the
sirdars; this circular was published in Indian Opinion, 5-8-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 429


439. LETTER TO G. A. NATESAN
21-24, C OURT C HAMBERS,
C ORNER R ISSIK & A NDERSON S TREETS,
JOHANNESBURG ,
June 2, 1911 1
DEAR MR. NATESAN,

This is to introduce to you Mr. R. M. Sodha. As you know Mr.


Sodha is one of the staunchest passive resisters. If he travels towards
your side, may I ask you please to introduce Mr. Sodha to our leaders
there? Mr. Sodha is the husband of the celebrated Mrs. Sodha who
was persecuted by the Transvaal Government.
I am,
Yours sincerely,
M. K. GANDHI

From the original in Gandhiji’s hand: C.W. 3422. Courtesy: Revashanker


Sodha

440. KRUGERSDORP AGITATORS

From a recent number of the Krugersdorp paper we reproduce,


elsewhere in this issue, the report 2 of a meeting held in that town,
addressed by Mr. Van Veyeren, member of the Provincial Council.
Amongst other questions discussed was the “coolie” question, and
itwas unanimously decided to form an association, the members of
which undertake not to support “coolie” traders. The committee of
this association, we learn has drafted a petition asking the Government
not to allow hawkers and pedlars to travel in the districts, districts,
“because these itinerant traders are more detrimental to the welfare of
the country than beneficial”. This is not the first time that
Krugersdorp has broken out in this way. The famous but now
evidently defunct “White League”3 originated at this dorp. Its efforts

1
Ratanshi M. Sodha left for India on June 2, 1911, following the provisional
Settlement of April 20. Indian Opinion, 10-6-1911.
2
Not reproduced here
3
Vide “Johannessburg Letter”, 28-3-1908.

430 THE COLLECTED WORKS OF MAHATMA GANDHI


have not been quite successful, so it would appear. Why do these anti-
Asiatic leagues and associations never succeed? Because their
foundations are rotten; because the motive is greed and selfishness;
and because the members are each seeking their own personal gain.
There is not a man amongst them who would not grasp an advantage
for himself at the expense of a fellow-member. But when it is the
Asiatic who competes, all join together in order to ruin him. These
rival traders have the impudence to say that even hawkers and pedlars
should not be allowed to travel in the districts. One may be quite sure
that the people who live in the outlying places and depend upon these
useful traders for many of their wants do not say that they are more
detrimental than beneficial. No, the whole thing is too transparently
self- seeking on the part of these leagues and associations. They
represent none but themselves, and all they are anxious about is that
the field of competition should be cleared so that their profits may be
larger.
Whilst there may not be much to fear from these agitators, the
British Indian Association will no doubt keep a watchful eye upon
their movements so that the rights and means of livelihood of
respectable small traders shall not be filched away.
Indian Opinion, 3-6-1911

441. WHAT HAS SATYAGRAHA ACHIEVED?

A number of Indians sometimes question if satyagraha has


achieved anything. All that they can see is that people were tortured in
gaol and put up with the suffering, and the utmost that was achieved in
the end was theoretical equality of rights in the matter if new
immigrants which is unintelligible to most and unavailing in practice.
The only outcome of any value is that (a few) highly educated men
will enter the Transvaal1 every year whose services we may have no
occasion to use. For the benefit of those who believe this, we
enumerate below, point by point, the several gains resulting from the
campaign.

1
Vide Appendices “Lane’s Letter to Gandhiji”, 22-4-1911, “E. M. Gorges’
Letter to Gandhiji”, 19-5-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 431


1. The Indian community’s pledge1 has been redeemed.
There is a saying among us that if one’s honour is saved all else is
safe.
2. The Obnoxious Act2 will be repealed.3
3. Public opinion has been roused all over India about our
disabilities. 4
4. The entire world has learnt of our struggle and has admired
the Indians’ courage.
5. A law has been passed (in India) to prohibit the emigration
of indentured labour to Natal.5
6. Satyagraha helped bring about whatever improvement
there has been in Natal’s licensing legislation.6

1
Taken at a mammoth meeting of Indians in the Empire Theatre,
Johannesburg, on September 11, 1906, to the effect that they would not submit to the
Asiatic law Amendement Ordinance, the foreunner of the Asiatic Registration Act;
vide “The Mass Meeting”, 11-9-1906
2
The Asiatic Registration Act ( Act 2 of 1907).
3
Vide Appendices “Lane’s Letter to Gandhiji”, 22-4-1911 and “E.M. Gorgges’
Letter to Gandhiji”, 19-5-1911.
4
The Transvaal campaign had wide repercussions in India. For protest
meeting held in that country in 1908 and 1909, vide “Chronology” and “Interview to
the Natal Mercury”, 30-11-1908; “Letter to Private Secretary to Lord Crewe”,
29-11-1909; “Letter to Lord Ampthill”, 5-10-1909 & “Letter to Private Secretary to
Lord Crewe”, 26-10-1909.
5
On December 29, 1909 the Indian Narional Congress passed a resolution
urging the prohibition of recruitment of indentured labour. On February 25, 1910,
Gokhale tabled a resolution in the Indian Legislative Council to that effect, and it was
unanimously passed. The Indian Emigration Act of 1908 was amended to admit of
Gokhale’s resolution, and on April 1, 1911, the Government of India issued a
notification prohibiting the emigration of labour to Natal from July 1, 1911; vide
also “The Indian Council and Indentured Labour”, 5-3-1910; 5-3-1910; “Duty of Natal
Indian Congress”, 2-4-1910; “G.K. Gokhale’s Services”; 16-4-1910 & “A
Momentous Decision”, 7-1-1911. Gandhiji had asked for stoppage of indentured
Indian immigratin as far back as 1895; vide “A Band of Vegetarian Missionaries”,
18-5-1895.
6
The Natal Dealers’ Licenses Act (Act 18 of 1897 enacted by the Boer
Government) did not allow appeals to courts of law against the decisions of licensing
officers regarding renewal of old trading licences. After the Boer War, following
representations by Natal Indians to the Imperial authorities that this section of the
law was being unfavourably interpreted to their detriment, (“Petition to
Chamberlain”, 27-12-1902, in fact, Gandhiji returned to South Africa early in
December, 1902 especially to discuss the licences problem with Chamberlain,
Secretary of State for the Colonies in the Imperial Government, who was then

432 THE COLLECTED WORKS OF MAHATMA GANDHI


7. A law similar to the one in the Transvaal, which was passed
in Rhodesia, was disallowed. 1
8. The sinister licensing Act which was passed in Natal was
disallowed. 2 Anyone who doubts that this was due to the satyagraha
campaign may peruse the reasons which the Imperial Governmental
gave for disallowing the law [in its despatch].
9. Enactment of legislation for the whole of South Africa
along the lines of the Transvaal law has been rendered impossible.3

visiting South Africa), the Colonial Government in Natal issued a circular to the
Town Councils instructing them to interpret the law “in a judicious and reasonable
manner” so as to respect vested rights and warning them that, otherwise, “the law
might have to be reconsidered”; vide “The Deealers’ Licenses Actt Redivivus: II”,
17-9-1903. Thanks to protracted agitation by the Natal Congress, the Government,
on November 24, 1909, embodied this concession in a law and enacted an amendment
(Act 22 of1909) to the licence law of 1897, permitting appeals to the Supreme Court
on decisions of Town Councils regarding licences; vide “Natal Licensing Act”,
11-12-1909.
1
Vide “Rhodesia Indians”, 30-5-1908; “Sarvodaya[—VII]”, 27-6-1908;
4-7-1908 and “Some Suggestions”, 12-6-1909
2
Two bills had been announced in 1908 which sought to discountinue the
issue of new licences to Asiatic traders and to dispossess old licence-holders within a
period of ten years; vide “Natal Bills”, 9-5-1908; 16-5-1908 & “New Natal Bills”,
16-5-1908 & Imperial assent to this legislation was, however, withheld; vide
“London”, before 18-9-1909
3
The Union Immigrants’ Restriction Bill (Appendix, “Immigrants’
Restriction Bill”, 4-3-1911), ready by the beginning of March, 1911, sought to end
Asiatic immigration except for an agreed annual quota of educated Asiatics—an
outcome of the Transvaal campaign-and repea-led the more liberal Cape and Natal
Immigration Laws, the education tests under which were less severe than in the
Transvaal; vide “Letter to Colonial Secretary”, 6-7-1908 and “Interview to the
Transvaal Leader”, 1-3-1911; “Letter to L.W. Ritch”, 2-3-1911; “Letter to Maud
Polak”, 6-3-1911; “Natal Petition to Union Assembly”, 9-3-1911 & Appendix,
“Cape Petition to Parliament”, 15-3-1911. In the case of the Transvaal, the Bill
repealed all the earlier “obonoxious” immigration and registration laws except Act 36
of 1908 (Appendix, “Immigrants’ Restriction Bill”, 4-3-1911), while, in the case of
the Orange Free State, Chapter 33 of th Conostitution, which Gandhiji contended was
racial in character and therefore repugnant to the spirit of the Immigrants’ Restriction
Bill (vide “Letter to E. F. C. Lane”, 20-3-1911 & “Letter to Private Secretary to
Minister of Interior”, 24-3-1911), was neverthe less retained. The Bill, besides, left
unprotected the immigration rights of wives and minor children of domiciled Natal
and Transvaal Asiatics, and others domiciled but temporarily absent from Natal; vide
“Natal Petition to Union Assembly”, 9-3-1911. Polak was sent to Durban to help
Natal Indians (vide “Letter to H. S. L. Polak”, 2-3-1911) to organize against the
whittling down of what were, by comparison, almost unlimited rights of immigration

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 433


10. Enactment of further thoughtless legislation in the
Transvaal has been prevented.
11. The Railway regulations which were promulgated in the
Transvaal, making distinctions between whites and Coloureds, were

which Asiatics possessed under previous laws; Ritch was similarly sent to the Cape to
help the divided Indian community in that province (vide “Letter to Abdul Hamid
Gool”, 2-3-1911), which, in his estimate, lacked the will to defend itself against the
projected diminution of its rights. It was at this stage that Gandhiji argued that the
satyagraha campaign had been waged for, and on behalf of, the Transvaal alone and
that, while he was willing to help with advice, Natal and the Cape should raise the
funds and conduct their own campaigns when their rights were threatened; vide “Letter
to L.W. Ritch”, 8-3-1911; “Letter to Maud Polak”, 13-3-1911 & “Letter to L.W.
Ritch”, 17-3-1911. He was, therefore, content to handle the Transvaal problem from
Johannesburg and to try and secure the exemption of educated Asiatics from the
purview of Act 36 of 1908. He left for the Cape to conduct the negotiations in person
only when Smuts refused to receive Ritch as a representative of the Indians; vide
“Telegram to L. W. Ritch”, 9-3-1911. On March 4, 1911, Smuts informed Gandhiji
that educated immigrants were free to enter the Union and reside in any Province and
were exempt from registration laws; vide “Letter to E. F. C. Lane”, 4-3-1911. When
Gandhiji replied that he had had legal advice saying that these private assurances
were not contained in the Union Bill (ibid ), Smuts recanted and moved an amendment
which accorded Asiatic immigrants into the Transvaal legal equality with other races
and exempted them only from registration under Act 36 of 1908; vide., “Letter to J. J.
Doke”, 17-3-1911 & appendix, “Lane’s letter to Gandhiji”, 16-3-1911. Gandhiji,
who had anticipated this clever move (“Letter to L. W. Ritch”, 16-3-1911), now
demanded that the principle of legal equality of races which was conceded to the1909
deputation in London (Appendix, “Lord Crew’s Minute”, before 17-9-1909) and in
Botha’s despatch of December 20, 1910, to the Imperial Government (“Report of
European Committee Meeting”, 23-3-1911) should extend to the Orange Free State
also (vide “Telegram to Private Secretary to General Smuts”, 17-3-1911); that is to
say, the Immigrants’ Restriction Bill should nullify relevant provincial legislation
in the Free State to the extent necessary for securing this objective; vide “Telegram to
Private Secretary to General Smuts”, 10-3-1911. Hosken’s Committee, coming out in
support of the Indian cause, denied Smuts’ allegation that this demand was a new one;
vide., “Letter to H. S. L Polak”, 22-3-1911. Gandhiji then said he would be content if
the Union immigration bill was dropped and the Transvaal legislation alone amended
suitably; vide., “Letter to Sonja Schlesin”, 27-3-1911. Smuts thereupon decided, for
reasons of his own, that this could not be done during the current session of the
Union Parliament. Gandhiji’s claim that satyagraha had prevented the extension of
the unfavourable Transvaal immigration laws to the rest of the Union should be
viewed against this background of facts. In fact, the Secretary of State for India had
himself admitted that the Union immigration legislation extended “the Transvaal
policy of practical exclusion” to the entire Union; vide India, 31-3-1911.

434 THE COLLECTED WORKS OF MAHATMA GANDHI


repealed and substituted by regulations of general application.1
12. Everyone knows that the Obnoxious Act of 1907 was the
first step in legislation aimed against the Indians. They took up arms
evenat this stage and thus thwarted the designs of the local
Government.2
13. It is impossible that the Committee of European
Sympathizers with Hosken as Chairman would have been called into
being otherwise.3 The Committee is now likely to be useful to us in
other matters as well.
14. Apart from these, we have also won the sympathy of many

1
The Railway Regulations, passed by decree and gazetted on December 17,
1909, under the Railway Regulations Act of 1908 (“Substance of Letter to Colonial
Secretary”, 23-12-1909 & “Indian National Congress and Muslims”, 8-1-1910),
sought to discriminate between whites and Asiatics denying the latter, among other
things, the right to ‘travel by express trains; vide “Letter to General Manager,
C.S.A.R.”, 4-1-1910. After a meeting between the railway authorities and Gandhiji
and Cachalia, the General Manager accepted the draft regulations submitted by the
British Indian Association on April 11, 1910 (ibid , but the Central South African
Railways’ Tariff Book No. I, published in February, 1911, retained the old
Regulations in complete disregard of the earlier agreement, and only the Cape was
exempted from the descriminatory provisions. Following further protests by the BIA
and the Natal Indian Congress, the General Manager Wrote to Cachalia in June, 1911,
assuring him that the regulations which were to come into force in June, 1911, would
meet the Indian objections.
2
The first registration legislation against which the Indians protested
massively and unanimously (“Letter to Colonial Secretary”, 25-8-1906 & “The mass
Meeting”, 11-9-1906 to “Johannesburg Letter”, 11-9-1906) was the Asiatic Law
Amendment Ordinance of 1906 gazetted on August 22, 1906, before the Transvaal
was granted Responsible Government. Ganghiji himself describes the Gandhi-Ally
deputation of 1906 as “the first battle” in satyagraha “waged in the arena of British
politics”; vide “Satyagraha Again”, 27-6-1908
3
The Committee of European Sympathizers was founded in 1908 by Albert
Cartwright, then editor to The Transvaal Leader. He was the first member of the
Progressive Party actively to espouse the Indian cause, and he played a decisive role
in bringing about the famous compromise of January, 1908; vide “Johannesburg
Letter”, 30-1-1908. The Chairman, William Hosken, was a rich and prominent
member to the pre-Union Transvaal legislature and at one time a leading member of
the Progressive Party. His mediatory efforts in the later stages of the 1908 campaign
were not inconsiderable. By 1910, his sympathies had become more active, and he
wrote a letter to Smuts supporting Gandhiji and the Indians in their demands; vide
“Report of European Committee meeting”, 23-3-1911. The letter appears to have
angered Smuts who sent a “dangerous telegram” in reply; “Telegram to L. W. Ritch”,
24-3-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 435


whites.
15. The prestige of the Indian community has risen and those
who were wont zx of hundreds of pre-War Transvaal Indians came to
be protected.
23. The charge of fraud against the Indian community has
been disproved.1
24. Considering the latest instance, we find that the proposed
poll-tax bill in Natal, which was discriminatory, was abandoned in fear
of satyagraha.
25. General Smuts and the Imperial Government were obliged
to rescind their decisions, the former on three occasions and the latter
on two. 2

1
The Transvaal Indians, and Gandhiji personally, were accused of organizing
large-scale, illicit immigration of fellow-Indians into the Transvaal; vide “Influx of
Asiatics”, 10-3-1906; “Cable to S.A.B.I. Committee”, 23-3-1907; 6-4-1907,
“Chamney’s Report”, 13-4-1907 & “Johannesburg Letter”, 13-4-1907; “Extracts
from Blue Book”, 7-3-1908; “Cape Town Indians”, 11-4-1908; “Letter to the Press”,
22-6-1908 & “Indian Traders in Natal”, 25-7-1908; on a variety of occasions,
Gandhiji refuted this charge at length; vide “The Early Closing Act”, 31-3-1906; “The
Mass Meeting”, 11-9-1906, & “Letter to the Press”, 19-11-1906; “Interview to the
Morning Leader”, 20-10-1906 ; “Letter to “the Times”, 22-10-1906; “Representation
to Lord Elgin”, 31-10-1906; “Deputation to Lord Elgin”, 8-11-1906; “Deputation to
Morley”, 22-11-1906; “Resolutions at Transvaal Indian Mass Meeting”, 29-3-1907
& “Letter to “The Natal Adversiser”, 9-4-1907; “Angada’s Mission of Peace”,
29-6-1907; “Letter to J.A. Neser”, 28-9-1907 & “Letter to Colonial Secretary”,
7-10-1907 and “Interview to the Star”, 6-1-1908; “Interview to the Transvaal
Leader”, 6-1-1908; “Interview to the Press”, 1-2-1908; “Letter to the Press”,
22-6-1908 & “Letter toThe Star”, 4-7-1908.
2
Gandhiji possibly had in mind the following occasions when Smuts was
obl-iged to go back on his decisions: (a) when, at the instance of the Gandhi-Ally
deputa-tion of 1906, the Imperial Government refused assent to the Asiatic Law
Amendment Ordinance; vide “Cable to S.A.B.I. Committee”, 29-12-1906 (b) when,
in the 1908 compromise proposals sent through Albert Cartwright to Gandhiji in
jail, Smuts undertook to repeal Act 2 of 1907; vide “Letter to Colonial Seecretary”,
28-1-1908 & “Johannesburg Letter”, 30-1-1908 and “Speech at Reception”,
5-10-1910; and (c) when he went back on the issue of a limited annual quota of
educated Asiatic immigrants who, he had conten-ded, could not enter the Transvaal
under the Immigrants’ Restriction Act; vide “Statement of Transvaal Indian Case”,
16-7-1909. The Imperial Government went back on its position in the cases of (a) the
Asiatic Law Amendment Ordinance of 1906, and (b) the immigration of educated
Asiatics, an issue in which Lord Crewe, in conformity with his earlier position that
the autonomy of self-governing colonies should not be lightly interfered with, was

436 THE COLLECTED WORKS OF MAHATAMA GANDHI


26. Whereas formerly the Government did not pause to think
before passing laws directed against us, now it not only gives careful
thought to such laws but is also obliged to consider our probable
reactions to them.
27. Indians command more respect as men of their word.
“Better to lose millions than to lose one’s reputation as a man of
one’s word.” 1
28. The community has demonstrated the power of truth.
29. By placing its trust in God, the community has demons-
trated to the world the supreme value of religion.
Theirs alone is victory who follow truth and religion. On further
reflection, we shall probably discover many other benefits, but the last
mentioned is the foremost among them. A great campaign such as this
could not have been waged without faith in God. He has been our
only true support. If, through this struggle, we have learnt better to
depend on Him alone, that is a sufficient gain in itself, and all else will
follow as a matter of course.
[From Gujarati]
Indian Opinion, 3-6-1911

reluctant to receive the 1909 deputation. Later however, he sent a telegram to Smuts
endorsing at least two of Gandhiji’s demands; vide “Deputation Notes[-XIII]”, after
16-11-1909 & Appendix “Lord Crew’s Minute”, before 17-9-1909.
1
A Gujarati saying

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 437


442. ABBREVIATIONS1
[After June 5, 1911] 2
N.N. not noted
N. noted
R. rejected
P. pending
From the original in Gandhiji’s hand: S.N. 5526 a

443. LETTER TO MAGANLAL GANDHI


[Before June 9, 1911] 3
CHI. MAGANLAL,
Please see the enclosed letter from Anandlal4 . Show it to
Purshottamdas also. I have written to Revashankerbhai5 asking him to
give Anandlal the passage money.
I shall not be able to start till June 9 at any rate. On that day a
banquet is to be given to the Hosken Committee. I may leave on the
10th perhaps. Please send the enclosed letter to Nayak; I do not know
his address.
Blessings from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 5089. Courtesy:
Radhabehn Choudhri

1
Devised by Gandhiji for classifying applications that started coming in,
following the Provisional Settlement, from persons seeking entry into the
Transvaal. Found among his personal papers, this list of abbreviations was evidently
meant for his personal use in his dealings with the Registrar of Asiatics.
2
The first application received from Bhagu Bhikha of Durban was dated
June 5, 1911.
3
The banquet to the Hosken Committee mentioned in the letter was given on
June 9, 1911, and this letter was clearly written before that date. Addressed to
Maganlal Gandhi in Phoenix, it speaks of an impending visit by Gandhiji after the
10th. The hypothesized date is further supported by the fact that Gandhiji addressed a
meeting held to bid farewell to Sorabji Shapurji at Durban on June 16.
4
Son of Amritlal Gandhi, a cousin of Gandhiji
5
Revashanker Jagjivan Jhaveri: a friend of Gandhiji and brother of Dr.
Pranjivan Mehta

438 THE COLLECTED WORKS OF MAHATAMA GANDHI


444. ADDRESS TO W. HOSKEN1
JOHANNESBURG ,
June 9, 1911
WILLIAM HOSKEN , E SQ.
DEAR SIR,

We, the undersigned, on behalf of the British Indian Recep-


tion Committee, hereby wish to place on record our gratitude to you
and the members of the Committee over whose deliberations you have
presided during the past three years that the Committee has been in
existence.
We are aware that it is due to the efforts of your Committee that
the provisional settlement of the Asiatic question that has so agitated
the country for the past four years has been hastened. Though the
question that gave rise to passive resistance is not yet finally settled, it
is a matter for satisfaction that we have a declaration from the chief
opponent of the demands of the Asiatic communities that they should
be satisfied. It was no small thing for you and your Committee to
espouse what was undoubtedly an unpopular cause.
It is not in our power to reward you for your labours. We can
but pray to the Almighty to reward you, and the other Members of the
Committee, for your advocacy of a cause which you believed to be
just. We shall pray that you may have long life and health, so as to
enable you to continue to serve high ideals as you have done in the
past.
[A. M. CACHALIA
V. CHETTIAR
ABDUL KADIR BAWAZEER
S ORABJI S HAPURJI ADAJANIA
M. K. G ANDHI]2

Indian Opinion, 17-6-1911

1
This was presented to Hosken at a banquet given to the Committee of
European Sympathizers by the British Indian Association; vide also “The Banquet”,
17-6-1911
2
The names of the signatories, who constituted the British Indian Reception
Committee, are taken from the Gujarati version of the address.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 439


445. ENCIRCLED

The draft Municipal Councils Ordinance to be introduced in the


Provincial Council of the Transvaal is a very drastic measure. The
British Indian Association of the Transvaal has entered a timely
protest against its provisions that bear upon Indians.1 The most
injurious section is no doubt that which gives the Municipal Councils
absolute control over hawkers’ and other licences.
The effect of the Gold Law, read together with the Townships
Act, is to ruin Asiatic store-keepers. The effect of the draft Ordinance,
if it be allowed to pass in its present shape, will be to crush Asiatic
hawkers. It is a well-known fact that the majority of the Indians of the
Transvaal depend upon hawking for their bread and butter. And it is
evident that the framers of the Ordinance had Indian hawkers in view.
Thus a circle is being drawn—it does not much matter whether with or
without the knowledge of General Smuts−round the Transvaal
Asiatics, although the General intends next year to bring in legislation
to give effect to his promise to the passive resisters, and although he
has stated that it is his intention to treat the resident Indians with
fairness and justice. We fear very much that, if the draft Ordinance is
an indication of what is meant by fairness and justice, the Indian idea
of these two words is totally different from General Smuts’. We hope,
however, that better counsels will prevail among the Provincial
Councillors and that the Ordinance will be amended in the direction
pointed our by Mr. Cachalia.2
Indian Opinion, 10-06-1911

1
This Ordinance in effect consolidated municipal regulations and decrees,
most of which Transvaal Indians had objected to at one time or another and which
empowered Town Councils to enforce these with the authority of provincial law. For
instance, it empowered the Government, in the main, to: (a) shift Asiatic Locations
and demarcate new ones; (b) withhold a variety of licences without judicial review;
(c) exclude Asiatics from the Municipal Voters’ List. The purpose of all these had
earlier been served by separate laws and decrees. For the p rovisions of the Ordinance
as affecting Asiatics and the British Indian Association’s petition against it, vide
Appendices VII-A & B.
2
Vide Appendix, “S.A.B.I. Committee’s Letter to Colonial Office”,
17-7-1911

440 THE COLLECTED WORKS OF MAHATAMA GANDHI


446. LETTER TO HARMANN KALLENBACH
ON THE TRAIN ,
[Before June 11, 1911] 1
MY DEAR LOWER HOUSE,

Nothing has pained me so much in my leaving Johannesburg, at


the present juncture, as your physical and mental condition. If I could
have avoided going to Natal, I would certainly have done so, if only so
that I could be with you and exercise the privilege and the duty of a
friend to nurse you and encourage you. But, I think, to leave for
Phoenix was a higher duty. The struggle demands it.
Had I known [of] the comfort (physical) under which I am
writing this I would certainly have pressed for your coming with me
and that 3rd-class. The coach I am in is a corridor, 3rd-class, for well-
dressed 3rd-class passengers. It is truly more comfortable than the 1st-
class on these trains. It is cleaner. It is cushioned, has a lavatory and
sleeping accommodation and I am the only passenger. Our miserable
false pride often keeps us from so many good things of the world.
You know how necessary lavatory accommodation is for me. Here I
have everything added to the pleasure of travelling 3rd-class. And I
suppose no European or other passenger would want me to leave this.
However we shall see. When you come I strongly advice you to take a
3rd-class ticket. I assure you that a few of us doing this will be able to
do a great deal for 3rd-class passengers. The moral effect will be
great. It will be good discipline for you. You must have noticed too
that it attracted no attention at the station. It is only our own false
pride and self-consciousness which make so many worries and
troubles.
The physical health requires very great attention just now. What
I have suggested is, I am sure, the best remedy. The seat of the trouble
is undoubtedly the stomach. But it has been accentuated by your
mental condition. You are a true man. Any false chord, therefore,

1
From the contents it appears that the letter was written before the item
following.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 441


shakes your whole system. Your attention is almost divine. You
havequite unjustly transferred it all to me. And now you find your
idol not satisfying you. This hurts you as if a dagger had gone
through you. But why? Who am I? If your affection for me weakens,
why suffer agony? It is a passing phase. Let the idol be broken. The
residue will be a purer thing. Nor need there be any worry about the
practice. Take what work you can with calmness. You will give up the
profession automatically when the time is ripe. As Tolstoy says it is a
great thing to create the proper mental condition. The rest comes as a
matter of course. The result does not follow when a man deceives
himself or others. If I always hanker after doing a thing, I can only
end by doing it. This is the law of nature. But if I only pretend that I
want to do something which I really do not, then I end by not doing
it. I am a false coin and no change can be had from such a coin.
Whatever Call is, do not worry about him or my affection for
him- I cannot do otherwise than love him. He has really some very
good points in him. I am sure that you too would like him one day.
But what can it matter either way?
I shall certainly expect a letter from you every day. You will
really do me a favour by writing. I shall be always otherwise.
Yours sincerely
UPPER HOUSE
[PS.]
I hope the room will be given up early. All surplus clothing
should be sold and sent to Phoenix.

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

442 THE COLLECTED WORKS OF MAHATAMA GANDHI


447.LETTER TO H. S. L. POLAK
June 11, 1911
MY DEAR HENRY,

On my way to Natal. The train jolting Mrs.G. and the two


Sorabjis with me. The older one leaving for India. The Hosken
banquet1 a great success. Silver casket address to Hosken and gold
watch and chain to Sorabji. We are all travelling 3rd-class ≈ a rougher
experience this time with Mrs.G. and no lavatory accommodation but
it is certain that only a 3rd-class traveller can bring about reform in
3rd-class carriages. Natives are herded together like cattle!
There is nothing new in the Townships Act Regulations. Ritch
will send you an extract.
I propose to stay at Phoenix for a fortnight and then return with
Mrs.G.
Tables were laid for 300 men and women ≈ over 60 Europeans
were present including Mrs. Hosken.
I take it that you will have met the distinguished Indians who
may have attended the Coronation.
Ritch is having very good practice ≈ Desai has been fixed up as
clerk for him. I am now trying to get a Tamil lad.
At the Farm we shall have very few. T.Naidoo is settling in
Towns.
With love to all,
Yours,
BHAI

From the original: Gandhi-Polak Correspondence. Courtesy: National Archives


of India

1
Which took place on June 9; vide “Letter to Maganlal Gandhi, before
9-6-1911 & “The Banquet”, 17-6-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 443


448. LETTER TO HERMANN KALLENBACH
Friday [June 16, 1911] 1

MY DEAR LOWER HOUSE,

I have your two letters together. I am sorry for Hilt and glad for
you. Both Hilt and Albert will prove a blessing to you for they put
you on your mettle. I do not know that we have need to be sorry for
Hilt’s illness. There should be sorrow for the cause of it. You must
have produced a different and pleasurable sensation in Hilt when you
laid him by your side. Yes, indeed, the real individual life is only to be
lived in the open and in close touch with our neighbours. Living the
other so called individual life in our rooms, fearing the touch of a
fellow-being, we must feel like thieves having no light to the property
we may be holding.
Call is indeed a fine letter-writer. The coming union may make
him. He is idealizing it and for that reason it may be very good for
him.
I am not going to congratulate you on getting new work. I shall
wait and see what it makes of you. Sorabji receives his address tonight
from the Congress.
With love,
Yours sincerely,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

1
From the reference to the address given by the Natal Indian Congress to
Sorabji; vide “Speech at Durban Farewell to Sorabji”, 16-6-1911

444 THE COLLECTED WORKS OF MAHATAMA GANDHI


449. SPEECH AT DURBAN FAREWELL TO SORABJI1

[June 16, 1911]

As a satyagrahi Mr. Sorabji has displayed many fine qualities.


He has rightly been described as the greatest of the satyagrahis. From
one point of view I place Mr. Thambi Naidoo on par with him.
(Applause.) Another person who can match Mr. Naidoo in self
sacrifice is unlikely to be found even in India. To be sure, Mr. Sorabji
stands out from the rest because we volunteered for suffering. He
came from Natal and was the first from that Colony to join the
campaign.2 Complaints were frequently made against the satyagrahis
in gaol, but never against Mr. Sorabji, He is by nature, a mild and
amiable person. That cannot be said even of Mr. Thambi Naidoo. No
improper word was ever heard to escape his mouth. He has none of
the Parsis’ faults but I have found in him all their finerqualities.
Though so well endowed he is without a trace of pride. Though a
Parsi, he is an Indian first. Hindus, Muslims and Christians alike
admire him. That he continues firm on his course, having once set it,
and that he tries to understand every issue, is his fourth virtue. Mr.
Sorabji is without compeer. The best way of honouring such a man is
to emulate him. India will prosper only when it produces many more
Sorabjis.

[From Gujarati]
Indian Opinion, 24-6-1911

450. THE CORONATION

South Africa will be celebrating, on the 22nd instant, the Coron-


ation of King George V. What part are we going to play in the celeb-
rations? The provisional settlement removes the cause of mourning.
1
The function was arranged on June 16, 1911, by the Natal Indian Congress
to bid farewell to Sorabji Shapurji Adajania, who was returning to India on the
conclusion of the Transvaal satyagraha campaign.
2
Sorabji first entered the Transvaal as a satyagrahi to test educated Indians’
rights on June 24, 1908; vide “Johannesburg Letter”, 23-6-1908

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 445


But the letter1 addressed to the Town Clerk by Mr. Dawad Mahomed
and other leaders, we understand, still remains unanswered. If the
Town Council cannot see their way to accord the same treatment to all
the subject of the Crown, on a unique occasion like the Coronation of
our Sovereign, if Europeans cannot forget their prejudice at such a
time, we consider that it is the duty of the Indian community to refrain
from taking any part in the local official celebrations, to refuse to
accept any grant that may made for a separate celebration by us. The
community will express its loyalty to the Throne by sending an
appropriate message.
We have been informed that the Town Council officials, instead
of returning a definite reply to Mr. Dawad Mahomed, are trying to
hoodwink the unwary and ignorant or poor Indians to submit to
degradation by accepting a miserable grant for a hole and corner
celebration among themselves. The market master has, wee are told,
been approaching the stall-holders and asking them whether they
would agree to take part in some tamasha he may arrange for them.
We hope that these designs will be furstrated and that the leaders will
see to it that not a single Indian in the Borough of Durban has
anything to do with the official celebrations.
We would appeal to the Town Council to rise to the occasion. If
it boldly decided for the time being to refuse to recognize any racial
distinctions, it would perform a service to the model Borough, to
South Africa and to the Empire, That brief but happy
interruptionneed not prevent us from resuming our prejudices the day
after and setting about quarrelling again. But let the 22nd of June be
held as a sacred day on which, at any rate, we may practise Imperial
ideals. We are sure that such conduct on the part of the Town Council
will be a tangible proof of its loyalty and will please King George
much more than any lip-loyalty.
At the time of the late war, on the battle field, all distinctions
disappeared as if by magic. Tommy drank from the same cup—or
1
In this letter dated April 18, 1911, Dawad Mahomed and other Natal leaders
had expressed the Indians’ inability to join in the Durban Corporation’s Coronation
celebrations so long as the Transvaal passive resistance continued. Should, however,
a settlement be reached and the Indian community decide to participate, they would
join in “the general festivities” provided they were enabled to take an equal part there
in with any other section of the population”. But if the corporation made distincitons
on racial grounds, they would celebrate the occasion independently of it. Indian
Opinion, 22.4.1911.

446 THE COLLECTED WORKS OF MAHATAMA GANDHI


rather tin—of water as the Indian stretcher-bearer.1 Tommy shared the
same tent with the Indian, and was often glad to have the same food as
his Indian brother. There was perfect fellowship between them. We
know that incidents like the above gladdened the hearts of the
thousand Indians who were on the battle field. Punch was so delighted
that it sang, in connection with the incident: “We are sons of the
Empire after all.” 2 After the close of the war, we know that the
fellowship gave place to bitter jealousy, and consequent discord. But
the lesson of the war remained and was repeated at the time of the
Zulu revolt. The small band of Indian ambulance-bearers 3 met the
Colonial soldier citizen on terms of equality. Captain Sparks and other
officers appreciated the corps’s services, and the Indians were enabled
again to realize that they were “Sons of the Empire after all”. Is it
impossible to repeat the two experiences on the Coronation Day? We
appeal to South Africa for an answer.
Indian Opinion, 17-06-1911

451. THE BANQUET


We congratulate the organizers of the Banquet to Mr. Hosken’s
Committee on the splendid success that attended their efforts. From
allaccounts received, this banquet was quite worthy of its predecessors.
The response from the Europeans to the invitation of the Reception
Committee was liberal. The banquet was the least that the community
owed to its European friends and supporters. In the beginning states
of the struggle, when everybody poured ridicule on the heads of
passive resisters, it required a great deal of nerve, courage and sacrifice
on the part of the European sympathizers to stand by us. We know
how Mr. Hosken became the butt of the cartoonist. We can have no
notion of that these friends of the cause must have been obliged to put
up with in their clubs and their churches. Indeed, theirs must have
been at times a lot as hard as, if not harder, than that of our

1
For the formation of the Indian Ambulance Corps during the Boer War and
the work done by it, vide “Indian Ambulance Corps”, 13-12-1899 & “Indian
Ambulance Corps in Natal”, 14-3-1900 and “The Natal Volunteer Indian Ambulance
Corps”, 12-11-1904.
2
Vide also Satyagraha in South Africa, Ch. IX.
3
For the formation and work of the stretcher-bearer Corps during the Zulu
rebellion, vide “Speech at Congress Meeting”, 24-4-1906, “Indian Volunteers”,
23-6-1906 & “Indian Stretcher-Bearer Corps”, before 19-7-1906.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 447


imprisoned countrymen. And yet they never swerved during the four
years that the struggle lasted. We echo the sentiments expressed by
Mr. Doke, that the European Committee and the passive resisters were
true Imperialists, who fought in the teeth of tremendous opposition to
uphold Imperial ideals. Let us hope that the happy link established
between Europeans and Indians in South Africa will continue to bind
the two communities and result in an increase of mutual respect and
forbearance. Then will South Africa have set an example worthy to be
followed in the other parts of the Empire.
Indian Opinion, 17-6-1911

452. HOSKEN’S PORTRAIT


We publish Mr. Hosken’s portrait as a supplement to this issue
and we are sure our readers will welcome it. It was first published in
The Star. We have secured it though the courtesy of the paper’s
proprietors. We should like our readers to have the portrait glazed and
to hang it up in their rooms. We have noticed that Indians have on the
walls of their rooms pictorial advertisements set in frames, which are
issued by wine and tobacco merchants. At other times, we see
meaningless pictures stuck on walls, and we are often judged by
thethings with which we surround ourselves. We earnestly hope that
every Indian will have in his living-room only the portraits of
thosewho have us in their debt or whose memory we wish to cherish,
and that they will be careful about the other things with which they
choose to surround themselves.
[From Gujarati]
Indian Opinion, 17-6-1911

453. LETTER TO G. K. GOKHALE


June 17, 1911
DEAR PROFESSOR GOKHALE,

This will be presented to your by Mr. Sorabji Shapurji Adajania,


one of the greatest of passive resisters. Of all the rich experiences I
have gained during the memorable struggle none has been so great as
the discovery of men like Mr. Sorabji. I am sure that you will be glad
to meet Mr. Sorabji. He proposes to return in time for the

448 THE COLLECTED WORKS OF MAHATAMA GANDHI


legislation that General Smuts had promised to introduce next year.
I am,
Yours sincerely,
M. K. GANDHI
From a photostat of the original in Gandhiji’s hand: G. N. 2247.

454. LETTER TO HERMANN KALLENBACH


Monday [June 19, 1911] 1
MY DEAR LOWER HOUSE,

Yes, I knew about the disturbance at the Farm. None of us is fit


to live on a Tolstoy Farm. We can but qualify by making continuous
endeavour.
I am having no rest here this time.
It will be a fine thing if the picnic comes off on Thursday. You
will have a tough job to tackle.
With love,
Yours,
UPPER HOUSE
From the original: Gandhi-Kallenbach Correspondence. Courtesy: National
Archives of India

455. LETTER TO HERMANN KALLENBACH


[Before June 22, 1911] 2
MY DEAR LOWER HOUSE,

Well, I was the first to have sent a letter. The Rabbi was all the
better for having neglected the forage bag. Mrs. Gandhi was very
much upset to think that Manilal should not get the biscuits, etc.
I hope that Big eyes is better as also Devdas.
Have suggested a Coronation picnic at the Farm for the 22nd.
Please see my letter to Ritch. Something ought to be done at the time

1
From the reference to the picnic; vide the following item, and also”The
Coroonation”, 17-6-1911. The Monday before June 22, 1911 was on June 19.
2
From the reference to the picnic, evidently in connection with the
Coronation of King George V on June 22, 1911; vide “The Coronation”, 17-6-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 449


of the Coronation.
So long as work is allowed to act upon us by way of
intoxication, so long must depression continue. The best deeds if used
as intoxicants are practically worthless for the satisfaction of the Inner
Man. If I feed a hungry man for show or for satisfying my pride or
giving me a false happiness I gain nothing. The hungry man is
certainly fed as he might be from a mechanical contrivance, say, by
pressing a button.
Manilal is splendid.
With love,
UPPER HOUSE

From the original: Gandhi-Kallenbach Correspondence. Courtesy: National


Archives of India

456. LETTER TO H.S.L. POLAK


Friday [June 23, 1911] 1

MY DEAR HENRY,

I had your letters last week. This week’s I receive tomorrow


(Saturday). I leave for J’HB on Monday.
You would have enjoyed yesterday’s scenes in Town. I
remained at Phoenix ≈ West went there to report. The whole affair was
spontaneous. I merely guided. And yet Ramsay Collins thought the
Indians would have accepted anything if I had not been in D[urba]n.
Anyhow they certainly surpassed themselves. Well, they have had their
first lesson in passive resistance. I have told them that they might have
to raise passive resistance over the £ 3 tax. West tells me Rustomjee2
was grand. Abdulla Hajee Adam was superb and defiant. The Mayor
of Durban is a cad and a disgrace to Judaism. He showed not a single
virtue of a Jew and showed every weakness which the Jew is reported
to possess. I was ashamed of him for your sake. In the report, I have
laid him down very gently. He was really much worse than he appears
in the report. Collins was mad with him. However, he deserves our
thanks for waking us up. Hollander3 may yet be our salvation in Natal

1
From the contents
2
Parsee Rustomjee
3
F.C. Hollander, Mayor of Durban in 1912

450 THE COLLECTED WORKS OF MAHATAMA GANDHI


or Durban as Smuts has been in the Transvaal.
I want your comment on the recent numbers of I.O.and more
especially on the Coronation Leader.1
You will see what line to take on the Gold Law from the editorial
note this week. Harcourt2 has given us a grand opening. Smuts has
again overreached himself. He certainly never intended to protect
leases up to the period stipulated therein. This is no protection. The
Roodepoort case is, I think, accidental.
Another change at Phoenix! As soon as we can we propose
giving part of press time to communal agriculture. 3 To this end we
shall take in more men of a suitable type. Please do not be alarmed.
I.O.will not be allowed to suffer. It can only gain by the men coming
to their work fresh from the fields. We are performing the opening
ceremony of the library and school building tomorrow.
Manilal is more settled now. He does not want to go to London
before the struggle is quite over. If satisfactory legislation is passed
next year, he intends to leave in March for London.
The account you give me of family affairs is cheering. I am
delighted that Pater is doing better than before. You were bound to be
satisfied with the boys. They are naturally clever, beautiful and heal-
thy. And I never doubted Millie’s ability to make the most of them.
With love,
Yours sincerely,
BHAI
From the original: Gandhi-Polak Correspondence. Courtesy: National Archives
of India

457. THE CORONATION


Our countrymen through out South Africa sent their loyal
greeting to their Majesties on the Coronation Day. It may seem some
what anomalous to a stranger why and how British Indians of South
Africa should tender their loyalty to the Throne or rejoice over the
crowning of Sovereigns in whose dominions they do not even enjoy
the ordinary civil rights of orderly men. The anomaly would however,
1
Vide “The coronation”, 24-6-1911
2
Lewis Harcourt, Secretary of State for the Colonies
3
Vide also “Letter to Harilal Gandhi”, 3-7-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 451


disappear, if the stranger were to understand the British constitution.
British Sovereigns represent, in theory, purity and equality of justice.
The ideal of King George is to treat his subjects with equality. His
happiness depends upon that of his subjects. British statesmen make
an honest attempt to realize the ideals. That they often fail miserably
in doing so is too true but irrelevant to the issue before us. The British
monarchy is limited and rightly so under the existing circumstances.
Those then who are content to remain under the British flag may,
ought to, without doing may violence to their conscience, tender their
loyality to the Sovereign for the time being of these mighty
dominions, although, like us, they may be labouring under severe
disabilities. In tendering our loyalty, we but show our devotion to the
ideals just referred to; our loyalty is an earnest of our desire to realize
them.
The genius of the British constitution requires that every subject
of the Crown should be as free as any other, and, if he is not, it is his
duty to demand and fight for his freedom so long as he does so
without injuring anyone else. There is no room for helotry and
slavery in this constitution, though both exist abundantly. Largely it is
the fault of the helots and the slaves themselves. The British
constitution provides a happy means of freedom but it must be
confessed that it is not easy of adoption. There is no royal road to
freedom. British people themselves have reached what they mistake
for freedom through much travail and suffering. Yet they are
strangers to real freedom—the freedom of self. They cannot and do
not blame the constitution for the disability. Nor can we because we
have ours. And we have not even bled for our freedom, real or so
called. If, however, we understand the spirit of the British constitution,
though we suffer from disabilities in this sub-continent and though we
are far from happy in the sacred land of our birth, we are bound
heartily to shout.
LONG LIVE THE KING !

Indian Opinion, 24-6-1911

458. CORONATION
The Coronation of King George V was celebrated all over the
Empire. The Indian residents of this country sent congratulatory
cables on the occasion thus declaring their loyalty. We, however, find

452 THE COLLECTED WORKS OF MAHATAMA GANDHI


some Indian asking questions: “Why, and to whom shall we show our
loyalty? With what face can we take part in the celebrations? We are
submerged in a sea of troubles. Conditions in our dear country give
us no cause for rejoicing. That the King is to go to India for his
Coronation gives us no reason to be happy. That will only result in the
draining of (Indian) money. Indian will only be ruined further.”
Such thoughts are but natural. Indeed it is harmful to suppress them.
It is necessary, therefore, to put them to the test of logic.
Our view of the matter is that, if those who argue in this manner
feel that they cannot be loyal, they should declare their want of
loyalty and outlaw themselves. Otherwise they will lay themselves
open to the charge of insincerity and cowardice.
We believe, however, that we can remain loyal to His Majesty
despite our untold sufferings. Our sufferings here are to be blamed on
the local authorities, and more so on ourselves. If we become truthful
[that is] if we rebel against ourselves (against the Satanic within us),
thus exorcizing the devil, and ourselves manage our affairs instead, we
will not have to put up with any hardship whatever and shall be able to
declare, ‘Oh, how happy we are under the reign of King George!’ To
the extent that we are unable to exorcize the Satan in us, we shall have
to take to entreating the local authorities, and we might there by slake
our burning woes. If we do not do either, how is King George to
blame? Someone may answer saying that everything is done in the
name of King George, and therefore the credit for the good things
and blame for the wrong things should both be his . What we have
said above disposes of that argument. The British monarchy is not
free, but is confined within limits. These checks are implicit in that
British system of monarchy. If the King oversteps the limits, he will be
dethroned.
Moreover, the British Constitution aims at securing equality of
rights and equality before the law for every subject. Those who do not
enjoy such equality are free to fight for it, the only restriction being
that the mode of agitation shall not harm others. Not only is every
British subject free to fight in this way, but it is his duty to do so. It is
a duty to express one’s loyalty to such a constitution and to its head,
the King Emperor, for that will only be an expression of loyalty to
one’s own manhood. The loyalty of a slave is no loyalty. He only
serves. If a slave can be loyal, that must be due to coercion. The
loyalty of a free man is willed.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 453


It may be urged against this reasoning that it would justify
submission even to a wicked king or a vicious constitution; the
argument then is not quite proper. For instance, we could not, as free
men, be loyal to the pre-War Boer constitution and to its head,
President Kruger, for the constitution itself laid down that there shall
be no equality between Europeans and Coloureds in the governance
of the country or in ecclesiastical affairs. We cannot fight such a
constitution and be loyal to it at the same time. In a situation like that
wewould have to defy not only the head but the basis of his authority
as well. If we refused to fight, we would cease to be men and be
thought brutes. If the British Constitution were to change and lay
down that there would be no equality, not even in theory, as between
whites and Coloureds, we could no longer owe allegiance to such a
constitution and would have to oppose it. Even in such a contingency,
however, we could remain loyal to the King within limits; such is the
virtue of the British system. It is not here necessary to explore these
limits for the question does not arise.
It must be remembered that the British people won what they
consider their freedom after they had let rivers of blood flow. Real
freedom, however, even they have yet to win. We, on the other hand,
have shed no blood, endured nothing, for the sake of freedom, real or
imaginary. The Transvaal satyagrahis alone gave evidence of having
suffered in some measure in the course of their great campaign. But
their suffering was a drop in the ocean. Only when we come forward
to suffer as much—and infinitely more—shall we succeed in winning
freedom for ourselves. The British Constitution permits one to seek
this freedom. The British Emperor must wish that all his subjects get
such freedom; such is the British way. And there are Englishmen who
sincerely strive to act on these principles according to their own lights.
We can, therefore, and ought to, remain loyal to the British Emperor,
our grievances notwithstanding.
[From Gujarati]
Indian Opinion, 24-6-1911

454 THE COLLECTED WORKS OF MAHATAMA GANDHI


459. HONOUR TO A SATYAGRAHI1

When Mr. Harilal Gandhi arrived at Zanzibar on his way to


India, he was recognized and given a welcome by the Zanzibar
Indians. He demurred but to no avail. He was taken to Mr. Wali
Mohammed Nazar Ali’s house where he was entertained lavishly. Re-
plying to a reception [given in his honour,] Mr. Harilal Gandhi
pointed out that the Transvaal campaign had shown what an
unfailing remedy satyagraha was. Should there be foul play yet again,
satyagrahis, whichever part of the world they might happen to be in,
would return to join the struggle, and so on.
[From Gujarati]
Indian Opinion, 24-6-1911

460. POLAK’S WORK

Though Mr. Polak has not been in England for long,2 he has set
to work in right earnest. He has met a number of persons. He spoke at
a meeting of the League of Honour 3 and again at a function
organized by the All-India Muslim League. It was Mr. Polak who
drafted the statement 4 addressed by the [SABI] Committee to the
Secretary of State for the Colonies and he has set out all the issues in
that document. The problem of stands in Vrededorp has been suitably
dealt with, and pointed attention has been drawn to the consequences
of the Gold Law. Mr. Polak is thus always immersed in the selfsame
task, wherever he may be. He has no other interests apart from the
problem of South African Indians. Surely, this is no small matter. For
only when a person loses himself in duty will he be capable of
dedication. Mr. Polak has a profound understanding of this maxim
and remains imbued with it. If the Indian community produced a
number of persons like him, India would be free soon. In doing his

1
This article was based evidently on an account of the event given by Harilal
in a letter to Gandhiji; vide “Letter to Harilal Gandhi”; 3-7-1911
2
Polak left Johannesburg on May 1, 1911 and arrived in London in the third
week of May, 1911.
3
On the conditions of Indians in South Africa
4
Vide Appendix “S.A.B.I. Committee’s Letter to Colonial Office”, 17-6-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 455


own duty. Mr. Polak has served to remind us of ours.
[From Gujarati]
Indian Opinion, 1-7-1911

461. JOHANNESBURG1

P OLAK ’S LETTER

We have had two letters from Mr. Polak after his arrival in
England. He writes that he has had an interview with Mr. Justice
Ameer Ali2 and that he has met Mr. Gupta of the Indian Office. He
has had talks with Lord Lamington3 . He also called on other
gentlemen and ladies.
Mr. Polak’s address was considered the best among all those
delivered at the League of Honour. He attended and addressed two
meetings of the All India Muslim League.
[From Gujarati]
Indian Opinion, 1-7-1911

1
A weekly despatch, “Johannesburg Letter”, appeared almost regularly in
Indian Opinion from march 3, 1906, onwards (Vol. V. “Letter to Chhaganlal Gandhi”,
17-2-1906 & “Johannesburg Letter”, 26-2-1906), but from October 16, 1909, the
word “Letter” was dropped from its title and Gandhiji seems to have contributed only
occasional paragraphs.
2
Justice Syed Ammeer Ali (1849-1928) C.I.E; Bar-at-law; Judge of the
Calcutta High Court, 1890-1904; in November, 1909, became the first Indian
member of the Judicial Committee of the Privy Council; a member also of the SABI
committee and President of the London branch of the All-India Muslim League; auther
of Islam and books on Mohammedan law.
3
Sometime Governor of Bombay and a sympathizer of the Indian cause who
became a member of the SABI committee in January, 1909; in November that year,
asked a question in the House of Lords regarding the hardships suffered, during the
Ramzan fast, by Muslim satyagrahis in Transvaal jails. Indian Opinon, 27-2-1909
and India, 19-11-1909.

456 THE COLLECTED WORKS OF MAHATAMA GANDHI


462. FRAGMENT OF LETTER TO DR. PRANJIVAN MEHTA1
[After July 1, 1911] 2

. . .I feel it would be a mistake if you imagined that we


would get the young men we wanted the moment I get to India, As I
understand it, we shall have the same difficulties we had to facein this
country. It will do us credit if we leave for India only after the work
we have begun here has been put on a firm footing. I have not yet had
a quiet stay at phoenix. It would be good in a way, I think, if I could
free myself from the cares of legal practice and devote myself to
teaching for a year or so. I am not taking on any new responsibilities
here. I am only trying to put the existing ones in order.
Arrangements are being made to keep the men occupied in the
press for half the time and on the land during the other half. I intend
to engage a larger number of suitable persons for the purpose. Only
thus can men be released from the press. As a result of [men] being
engaged in farming, the land will improve but there will be no profit
in the immediate future. By this arrangement [on the contrary], I feel
it will become difficult for me to meet the monthly expenses. I feel
inclined to ask you to bear the expenses for the additional men. If we
extend our activities, it is likely that the expenditure will in all amount
to about £1,000. If you can possibly allow this expenditure, please do.
The land is very likely to appreciate in value as a result of the
expenditure that will be incurred.
This is over and above the help have already asked for. At any
cost we must start a school on a larger scale at phoenix. I am thinking
of leaving here to go round for funds for this purpose.
I often feel it will be better still if you come over here once,
while on your way to India, and see phoenix. Chhaganlal must have

1
The earlier pages of this leter are missing. Judging from the contents,
however, it would appear to be addressed to Dr. Mehta. The first sentence, in
particular seems to be a further discussion of Gandhiji’s scheme for educating
satyagrahis which Dr. Mehta was to finance; vide “letter to Dr. Pranjivan Mehta”
8-5-1911.
2
Chhaganlal Gandhi, whose departure is mentioned in the letter, left India in
the first week of July, 1911, reaching South Africa on July 20.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 457


left this week.
Bande Mataram from
MOHANDAS
From the Gujarati original in Gandhiji’s hand: C.W. 5088 Courtesy: C. K.
Bhatt

463. LETTER TO H.S.L. POLAK


Unrevised
Sunday night [On or after July 2, 1911] 1
MY DEAR HENRY,

I have your letter describing your achievements, for such they


are. Pleases me all the more to notice that you can now combine
honeymoon, pilgrimage to your people and work and all this in a
manner agreeable to you and Millie. Your and Millie’s desires have
been mostly fulfilled without your having to worry about them. You
have sought first the Kingdom of God (what you thought was your
duty) and everything else (the trip to London, meeting your people,
etc.) has been added upto you. May your work and your joint life
flourish in the best manner possible. I am giving fair notices2 of your
work in the Gujarati columns of I.O. I am rather cautious about
London. Where for public good you think that a longer notice is
necessary, please warn me in time. I may neglect these things as my
attention is now chiefly devoted to the education of the boys on the
Farm. I allow nothing to disturb me during school hours at present.3 I
only hope that nothing will happen to disturb me. Pray for me. I go to
Town only twice a week. I propose to draw up the Trust Deed 4 and
when it is fixed up I shall make collections in S. A. for a large school
at Phoenix. The staff will be you. West, Chh., Maganlal5 . Purushotta-
mdas and myself. Miss West6 will be the boarding superintendent. If
your procreating ambitions and your animal passions are satisfied, I

1
From the contents it is evident that the letter was written on or after July 2,
1911, which was a Sunday.
2
Vide “Polak’s Work”, 1-7-1911 and “Johannesburg “, 1-7-1911
3
Vide “Fragment of Letter to Manilal Gandhi”, about 25-7-1911
4
Vide “Letter to Maganlal Gandhi”, 17-7-1911. For its final version vide
“The phoenix Trust deed”, 14-9-1912
5
Son of Khushalchand Gandhi, Gandhiji’s cousin
6
Ada West, sister of A.H. West, who had adopted the Indian name ‘Devi’

458 THE COLLECTED WORKS OF MAHATAMA GANDHI


would certainly like Millie to take her share in the school work. Hari-
lal may come in later. Thakar may expand sufficiently to come inalso.
Medh is at present doing I.O. collections. I shall know
tomorrow what success he is having. Did I tell you that Medh had
given to our ideals 10 years under a double vow of truth and
brahmacharya.1 That reminds me to tell you that Pragji is a possible
candidate for Phoenix, subject to the above vows.
I had your cable. You must by this time have received Gregg’s
opinion 2 and Townships Act, etc.
With love to you all and kisses to the angels,
Yours,
BHAI
From the original: Gandhi-Polak Correspondence. Courtesy: National Archives
of India

464. LETTER TO HARILAL GANDHI


July 3, 1911
7.30 p.m.
CHI. HARILAL,

I got your letter from Zanzibar at Phoenix. There could not


have been any subsequent to that, I am expecting one again in a few
days. As regards the reception you were given at Zanzibar, I was
happy that most of those who took part were Khojas 3 andSecondly,
that they were not put off by the mention of satyagraha. Your reply
was good. I thought it proper to insert a short paragraph 4 about it in
Indian Opinion and you must have seen it. The Star publishes every
week a biographical sketch of some well known person and they have
published mine, too. I send you a cutting [herewith]. Please pass it on
to Sorabji after reading it. He must have reached there by now.
Our people in Durban put up a fine show indeed.5 On
Coronation Day I had been to Phoenix. The credit for the

1
Vide also “Letter to Harilal Gandhi”, 3-7-1911
2
Vide also the following item.
3
A Muslim sect
4
Vide “Honour to a Satyagrahi”,24-6-1911
5
The reference is too the Durban Indians’ boycott of the Coronation
celebrations; vide also “The Coronation”, 17-6-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 459


demonstrations on that day should, therefore, go to the local fighters.
Here, registration has not yet begun. I expect to send the first
list to Mr. Chamney1 tomorrow.
I had a talk about a good many things with Manilal . He is
thinking of going to England next year if the campaign is not
resumed. His work in the press is good.
I have probably written to you about the vow Medh has taken.2 I
have now taken up school work on the Farm. I wonder how long I can
keep it up. Pillay’s children have all left and he himself is not here
either.
Thambi Naidoo now lives in Johannesburg all the time. P.K.
Naidoo3 is here.
Be went to Phoenix with me. It was found necessary to take her.
I have had no letter from Chanchi4 for a long time now.
Your brothers are all happy. They are sitting beside me reading
while I write this. It is 7.30 p.m.
Messrs Ritch and Pragji arrived at the Farm today (Sunday)5 . I
propose to spend five days [in the week] at the Farm and the
remaining two at Johannesburg,
Blessings from
BAPU
From a photostat of the Gujarati original in Gandhiji’s hand S.N. 9531

1
Montford Chamney, whom Gandhiji ironically described as “His Lord ship”
(vide “Johannesburg letter”, before 10-1-1908) occupied high administrative
positions in the Transvaal for the duration of the satyagraha campaigns, holding
successively the offices of Protector of Immigrants, Registrar of Asiatics and
Principal Immigration Officer. During the 1908 campaign, he filed affidavits saying
that smuts had made no promise to repeal the Asiatic Registration Act. Gandhiji later
accused him of “hopeless incompetence” and demanded his dismissal. Vide “Speech at
Mass Meeting”. 16-8-1908 & Appendix, “Chamney’s Affidavit”, 25-6-1908 and
“Johannesburg Letter”, 3-10-1908
2
Medh had taken a vow to observe brahmacharya for ten years.
3
P.K. Naidoo; born in South Africa, was one of the “valiant fighters” who
repeatedly suffered imprisonment throughout the satyagraha campaign in South
Africa; rendered particualr service during the Great March of 1913; was an office-
beareres of the Tamil Benefit Society. Gandhiji, in his account of his imprisonment
of January, 1908, describes him also as “a master of the tonsorial art” vide “My
Experience in Gaol[-II]”, 14-3-1908, also Satyagraha in South Africa Ch. XXXI &
XLIV.
4
Chanchalbehn Gandhi, addressee’s wife
5
Sunday was July 2, whereas the letter is dated July 3.

460 THE COLLECTED WORKS OF MAHATAMA GANDHI


465. KRUGERSDORP BAZAAR

The action of the Municipality of Krugersdorp in trying


persistently to abolish the Asiatic Bazaar or Location at Krugersdorp
is quite on a par with the zeal that the European residents of that dorp
have generally shown in their anti-Asiatic crusade.1 The School
Committee has been a willing tool in the hands of the interested
agitators. But we hope that the Krugersdorp Indians will not fail to
place before the authorities the other side of the question. We have
little to say regarding compensation. For that question cannot arise
unless Indian consent to vacate the Stands they occupy or unless they
are by law compelled to do so. We wish merely to point out that the
state of things the School Committee blame has been deliberately
brought about by those who have control of the Location.2 The threat
of removal has hung over the heads of the Indian residents of that
Location for several years. We are sorry if the school children have to
overlook the closets of that Location. Give the residents fixity of
tenure, and we promise that in a month’s time they will carry out all
desirable alterations. We know that our harassed countrymen have
pleaded, times without number, that they should he placed in a
position to construct substantial and up-to-date buildings on their
Stands. Not only has no encouragement have given to them in that
direction but they have been actually thwarted in any such effort they
have made. To say the least, it is dishonest to blame them for a state of
things for which their very detractors are largely if not entirely
responsible.

Indian Opinion, 8-7-1911

466. INDIAN WIVES

The decision of Justice Wessels in the matter of an application


on behalf of an Indian woman to enter the Transvaal, being the wife
of a registered Indian. Raises points of the highest importance to the

1
Vide “Krugersdorp Agitators”, 3-6-1911.
2
Vide “Johannesburg”, 8-7-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 461


Indian throughout South Africa. 1 The lady in question is the same
person who was some time ago turned away by the Immigration
Officer at Durban and whose case we have already referred to. The
Judge’s remarks show that Bai Rasul (for that is the applicant’s name)
has been unduly hampered in her endeavour to make good her claim.
The Judge said that, if the Court had the power, he would have granted
a temporary permit to enable the applicant to produce the necessary
proof of her marriage. Had the Immigration Officer granted such a
permit, there would have been no case in the Court. We still hope that
Bai Rasul will be given every facility to prove her claim. For surely,
there is no question of Indian competition in trade.
But what is of greater importance is the Judge’s obiter dictum
that an Indian may not bring more than one wife. Hitherto those who
have more than one wife have been allowed to bring them without any
let or hindrance. If the Judge’s dictum is sound law, all we can say is
that it will have to be altered. In British Dominions, wherein all
religions are respected, it is not possible to have laws insulting to any
recognized religion flourishing under it. To hold otherwise in this
country would simply create misery in many an Indian household in
South Africa. We are glad, therefore, that the British Indian
Association and the Hamidia Islamic Society have already moved in
this matter. It ought to be possible to settle this matter without any
agitation being necessary.
Indian Opinion, 8-7-1911

467. JOHANNESBURG

TALE OF KRUGERSDORP1

Indians living in the Krugersdorp Location should not become


complacent. We learn from a Krugersdorp newspaper that the conflict
between the Government and the Municipality regarding the Location
continues. It is thanks to the local School Committee that the issue has
1
Adamjee, an old registered resident of the Transvaal, brought over Bai
Rasul, his wife, from India, at Durban, the Immigration Officer refused her permission
to disembark, although normally such immigrants were allowed to land temporarily
on furnishing a bail of £10. Bai Rasula then attempted to enter the Transvaal from
Delagoa Bay, and her case eventually went up to the Transvaal Supreme Court. For a
report of the judgment, vide the following item.
1
Vide “Krugersdorp Bazaar”, 8-7-1911.

462 THE COLLECTED WORKS OF MAHATAMA GANDHI


become public knowledge. It has complained that pupils of the school
which overlooks the Location have to suffer the sight of Indian
closets. The municipal authorities have replied to the School
Committee saying that £1,100 would have to be paid to the Indians as
compensation if the Location were to be shifted. The Government
contends that this sum should be paid by the Municipality. The
municipality has argued that it should not be asked to pay this money,
because it is the Government which has been pocketing the income
(from the Location). As it was the Government that had set up the
Location, it should it self pay. The editor of the newspaper has
suggested that the Europeans should hold mass meetings, pass
resolutions, make the Government pay this amount and have the
Location shifted. It appears to have been agreed at a previous meeting
of the Committee that the compensation of £1,100 would have to be
paid.
My own advice to the Indians living in the Location is that they
should immediately address the Government and the Municipality
saying that they are willing to make the necessary improvements in
the building if allowed to do so. They should also say that they had
given no undertaking as to the shifting of the Location and that it is
impossible to shift as there is a mosque within its precincts. I hope the
Indians in the Location will not delay action in this matter.
DEPORTATION ORDER C ANCELLED

There is an Indian youth named Mr. N. Dala. He was arrested in


Barberton and ordered to be deported. The main reason for this order
was that he was believed to be eighteen years of age. His friends
sought Mr. Ritch’s advice and told him that Mr. Dala was not in fact
over sixteen years of age. His case was then referred to the Supreme
Court for getting the order of deportation cancelled. A medical
practitioner deposed in Courtthat Mr. Dala’s age should be around
sixteen. On the strength of his evidence the Court has cancelled the
deportation order. The plea was that the law did not confer any
authority [on the Court] for deporting young Indian below sixteen.
Mr. Dala has not however, secured the right of residence in the
Transvaal as a result of this case. He will have to submit an application
for this purpose, and he will get a registration certificate only if he is
legally entitled to it. Only Mr. Dala benefits from the judgement in
this case; otherwise there is nothing notworthy about it.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 463


BAI R ASUL C ASE1
But the judgment given by the Supreme Court last week in the
case of Bai Rasul is an important one. Bai Rasul is Mr. Adamjee’s
wife. Some facts of this case have already appeared in Indian
Opinion. As she could not disembark in Natal, she went to Delagoa
Bay with her husband and from there tried to enter the Transvaal. The
case then went up to the Supreme Court, the demand being that Mr.
Chamney, the Immigration Officer, should not restrain her (from
entering the Transvaal). It was an intricate case. When Mr. Adamjee
got his registration certificate, his marriage with Bai Rasul had already
been solemnized. Even so, he had mentioned (in his application) the
name of the women from whom he was divorced as his present wife.
Hence it became difficult for him to prove that Bai Rasul was his
present wife. Giving its ruling, the Court said that no one could being
his concubine into the Transvaal. That the former wife [of Mr.
Adamjee] had been given a divorce was not proved to the Court’s
satisfaction, nor that the marriage with Bai Rasul had been duly
solemnized, For these reasons the Court did not grant the prayer and
dismissed the suit with costs. The Court said in the course of the
judgement that if it I had the power, it would have granted a
temporary permit to Bai Rasul to enable her to prove her right (of
entry) but that it was not so empowered.
If the Court’s verdict has stopped here, there would have been
no great difficulty. But the court went on the observe that, if a person
had more then one wife, if could grant right of entry only to one of
them, that is, the first wife. Other wives could not be deemed lawful..
If this opinion of the judge stands and the [Immigration] Officer acts
on it, our Muslim brethren are likely to be greatly inconvenienced. So
for there has been no difficulty in securing entry for as many wives as
a person had, but now objections are likely to be raised.
Both the Hamidia Islamic Society and the [British Indian]
Association will soon launch a campaign in this regard.
I hope Mr. Adamjee’s advisers will now have Bai Rasul brought
to Durban and then proceed cautiously in the matter. As regards
marriage and divorce, it is necessary to produce affidavits from
respectable Moulvis and others. Bai Rasul’s affidavit will also have to
be produced along with these. If this is done, I believe that the court

1
Vide the preceding item

464 THE COLLECTED WORKS OF MAHATAMA GANDHI


cannot but pass an order [in her favour]. Once an order is obtained in
the case of Durban, she will clearly have no difficulty in entering the
Transvaal.
[From Gujarati]
Indian Opinion, 8-7-1911

468 . LETTER TO MAGANLAL GANDHI


Ashadh Vad 1 [July 12, 1911] 1
CHI. MAGANLAL,

Herewith Chi. Chhaganlal’s letter. He appears to be well and


truly contrite. Copy out a sentence from Thoreau occasionally and
give it to Mr. West for use in Indian Opinion. I must now wait for
Chhaganlal’s cable. That there hasn’t been one so far suggests that
again there has been some obstacle to his coming here. It is good that
Jamnadas also is coming.
Today I found your letter concerning the dream you had at
Phoenix about Tolstoy. I must have preserved it with the intention of
writing something in reply. There is no need to attach any importance
to dreams. They might merely mirror our fancies. It will be enough if
we always keep our attention fixed on goodness.
Blessings from
MOHANDAS

From the Gujarati original in Gandhiji’s hand: C.W. 5636. Courtesy:


Radhabehn Choudhri

1
The reference to Chhaganlal Gandhi’s impending arrival in South Africa,
would suggest that this letter was written before that event. That was in 1911, in
which year Ashadh Vad 1 corresponds to July 12. The date is confirmed by the fact
that Gandhiji had already, by July 3, shifted to Tolstoy Farm; vide “Letter to Harilal
Gandhi”, 3-7-1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 465


APPENDICES

APPENDIX I

LETTER FROM GENERAL MANAGER, C. S. A. R., TO GANDHIJI


J OHANNESBURG,
April 11, 1910
SIR,
With reference to the interview that Mr. Bell, Solicitor to the Railway
Administration Mr. Hoy, Assistant General Manager, and the undersigned had with
Mr. Cachalia and yourself this morning, I now place on record, as agreed, a summary
of the understanding arrived at in the course of the discussion, namely:—
1. That Regulations 221 to 224 inclusive be replaced by the following:
221. It shall be lawful for the General Manager where practicable to set
apart different compartments on trains for passengers of different races, and
the passengers for whom the compartments are so reserved shall travel only
in such compartments and no other, nor will any other compartment be
considered as available. Such compartments shall be marked “Reserved”.
222. It shall be competent for the guard or the conductor or any other
railway official to remove passengers from one compartment to another
without giving any reason therefor.
223. It shall be competent for the station-master or other authorised
official to refuse a first or second-class ticket to any passenger who may, in
his opinion, not be dressed in a decent or cleanly condition.
224. The penalty provided in Section 42 of the Act will apply to any
contravention of Regulations 221 to 223, inclusive.
2. That the foregoing alterations in the wording of the regulations have been
adopted so as to meet the views and wishes of the community Mr. Cachalia and
yourself represent.
3. That the manner in which the regulations and the authority entrusted to the
Administration has been carried out in the past has been acceptable to the Asiatic
community with the exception of such cases as have been brought specially under
notice and which, when it was found that there was just cause for complaint, have
been dealt with in a manner that you and the community you represent considered to
be proper and just.
4. I undertook that the Administration would continue to act in this spirit, and
it was agreed that, should it be represented to you at any time that any member of the
staff has acted in an improper manner and you have satisfied yourself by previous
enquiry that there has been good cause for complaint, you would communicate with
the Assistant General Manager and the Administration would, after investigation,

466 THE COLLECTED WORKS OF MAHATMA GANDHI


deal with the case as the circumstances call for, and in the spirit of requiring justice
and proper treatment being extended to yourselves and to your countrymen.
5. For the purpose of giving effect to the foregoing, you approved, on my
suggestion, that while the regulations to be published should be framed in the manner
now provisionally agreed to, there would be no objection to the Administration rene-
wing the instructions to the staff on the lines at present obtaining or with such modi-
fication of the existing instructions as circumstances may from time to time call for.
6. It was agreed that, in giving effect to the intention of the agreement now
arrived at, toleration would have to be exercised, and that, if an instance should occur
(as it is quite possible may be the case) when, say, one of your countrymen might
desire to travel by a train and the officers of the Administration considered difficulty
and possibly disturbance would probably result therefrom, it shall be open to the
officers of the Administration, at their discretion, to require such passenger to travel
by another train, and if needs be on another date.
7. It was further agreed that should difficulties arise in connection with the
proposed new regulations which may seriously interfere with their practical working,
a meeting would be convened with a view to altering the regulations, and you
undertook to approach the question of such alteration in the spirit in which our
present discussion has been conducted.
8. May I take this opportunity of reiterating the expression of satisfaction I
conveyed to Mr. Cachalia and yourself at the spirit in which the discussion had been
conducted by both of you and which has resulted in the arrangement now arrived at
subject to confirmation by the Transvaal and Orange River Colony Governments and
the Railway Board.
I have, etc.,
T. R. P RICE
General Manager
Colonial Office Records: C.D. 5363

APPENDIX II

W. J. WYBERGH’S LETTER TO GANDHIJI


J OHANNESBURG,
May 3, 1910
MY DEAR MR. GANDHI,

Many thanks for your letter and the pamphlet on Indian Home Rule. I have been
prevented by business from giving adequate study to it until the last few days. I find it
very difficult to criticise it adequately within reasonable length because I do not think
that on the whole your argument is coherent or that the various statements and opinions
you express have any real dependence upon one another. I am also inevitably rather
ignorant of the actual conditions in India and am afraid, therefore, of being

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 467


presumptuous in expressing any opinion upon the correctness or otherwise of many
facts which you appear to take for granted and make the basis of argument. Meanwhile I
must say that on many questions of fact you are at variance with ordinary opinion. To
begin with, as to the question of “loyalty”. I must say that while, as a rule, you avoid
giving any occasion for specific charges of disloyalty, yet there are so many subtle
hints and ambiguous expressions, so many things left unsaid, and so many
half-truths put forward, that I am not at all surprised at anyone considering the book
highly dangerous. Granting that you do not intend to be disloyal, yet I am sure that
the average plain ignorant man without intellectual subtlety would suppose that you
were preaching against British rule in India, for you attack everything which the
plain man would identify with this rule. You discourage violence, but only because
you think violence is both wrong and ineffective, not because the object sought is
wrong.
On the far more important general principle underlying your book I must say
definitely that I think you are going wrong. European civilisation has many defects
and I agree with many of your criticisms, but I do not believe that it is “the Kingdom
of Satan” or that it ought to be abolished. It appears to me a necessary step in the
evolution of mankind, especially manifested in and suitable for Western nations.
While I recognise that the highest ideals of India (and Europe too) are in advance of
this civilisation, yet I think also, with all modesty, that the bulk of the Indian
population require to be roused by the lash of competition and the other material and
sensuous as well as intellectual stimuli which “civilisation” supplies. You are
practically preaching “liberation” in the religious and metaphysical sense as the
immediate aim of all humanity, for that is what your Swadeshi in its best sense, as
explained in Chapters XVI and XVII, and as illustrated throughout the book, really
means. Now you individually, and others individually, may have arrived at the stage
where it is right to make this the immediate ideal, but the bulk of humanity have not;
and I agree with Mrs. Besant when she says that there is a real danger in preaching
“liberation” to people who are not ready for it. She says somewhere that what the
bulk of the people in India require is not to abandon desire and activity in the lower
worlds but to increase them and learn from them, and that passivity for them means
stagnation. That does not mean that all the forms of Western civilisation are suitable
for India, and I don’t doubt that we British have erred (in all good faith) in trying to
introduce British institutions indiscriminately. But Western ideals are necessary to
India, not to supersede but to modify and develop her own. India ought, I think, to be
governed on Indian lines, (whether by Indians or Englishmen is another question) but
“civilisation” is both necessary and useful, if it grows naturally and is not forced and
it cannot be avoided. To turn now to the still more general application of your ideals,
apart from Indian questions:—Firstly, I think you are confusing between “passive
resistance” and “non-resistance”. What you call “soul-force” and “passive resistance”
have nothing to do with love or spirituality in themselves. In advocating these
things instead of physical force, you are only transferring the battle and the violence
from the physical to the mental plane. Your weapons are mental and psychic, not

468 THE COLLECTED WORKS OF MAHATMA GANDHI


physical, but also not spiritual. You are still fightingto win, and fighting harder than
ever, and, in my opinion, all fighting in modern timesis tending to become more and
more a matter of intellectual and psychic force and less of physical force. It is not
thereby becoming more moral or less cruel, rather the reverse, but it is becoming
more effective. Personally, I have grave scruples about employing “soul-force” for
the attainment of physical or political objects, however strongly I may believe in the
value of those objects and the justice of my cause. In political life it is often a great
temptation to me to do so, for, as you know, I feel very strongly on political
questions; but, while, of course, I regard all possible means of intellectual persuasion
and argument as right and necessary, I think that the use of what you call “soul-force”
for concrete ends as dangerous in the extreme, and I always have in mind the refusal of
Christ to use “soul-force” for even the perfectly harmless and apparently legitimate
purpose of making stones into bread. I think that in this story a very profound truth
is conveyed. Now, while I think this is very wrong, it does not follow that those
who, even while using wrong methods, are unselfishly working for a cause (however
mistaken) will not reap for themselves the moral and spiritual benefit which follows
upon all unselfish sacrifice, and I am sure that you will do so and are doing so, but I
think this is not due to your methods but in spite of them, and that it is actually due to
your motives. But there is a danger to others less single-minded. As the Bhagavad
Gita says: “He who sitteth controlling the organs of action, but dwelling in his mind
on the objects of the senses, that bewildered man is called a hypocrite.” It would be
better to use the “organs of action” I think!
But taking the “passive resistance” movement as a whole, on the assumption
that what you are really aiming at is not merely a political object but the assertion of
the superiority of non-resistance, of love and of true inner freedom as against the
compromises and conventions of life, it does not seem consistent that you should allow
yourselves to be regarded as martyrs, or complain of the hardships of prison (not that
you yourself have, I believe, ever done this) or make political capital out of what seems
to you injustice or ill-treatment, or indeed allow the matter to be advertised in the Press
or send deputations to England and India and generally carry on a political agitation. If
it is really a matter of religion, then I think that the truest heroism is not concerned in
this exceedingly active “passive resistance” but that it consists in suffering as private
individuals and saying nothing about it.
Of course, if the object is political, all these things become questions of
tactics and may be very proper and useful weapons according to circumstances.
Personally, while I admire heroism displayed in a political cause, and the very real
heroism of many “passive resisters” I must say that it seems in no way superior to the
more active forms displayed by soldiers or rioters or revolutionaries. Neither does it
differ from or deserve more sympathy than that which has been shown by many quite
ordinary sufferers in other political causes and such as, for instance, the anti-Asiatic
movement. It so happens that neither the soldiers nor the opponents of Asiatic
immigration have been called upon to go to prison, but both alike in their respective
spheres and according to their duty have risked and often lost that which they held

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 469


most dear in a cause which, though not strictly “religious”, they regarded as most
sacred. The physical sufferings of soldiers at any rate have vastly exceeded those of
“passive resisters” yet,if the soldier complains that the bullets are too hard or that
campaigning is uncomfortable and therefore that the enemy is treating him most
unkindly, he is regarded as simply ridiculous. Of course, under certain circumstance, it
is good tactics to parade your injuries, but that is a matter for you to decide.
Finally, I come to the question of “non-resistance” itself, and its proper use
and place. It appears to me that for the individual saint, seeking liberation, for whom
the time has come when the personality has to be killed out and the whole world order
transcended, in order that the pure spiritual consciousness may unfold,—for him
non-resistance may be the right course. I do not presume to speak of this with
certainty because I do not know. In its very nature, however, non-resistance of this
description can have no political end in view, for its object is to enable a man to
escape and transcend the world altogether. But, as a practical political principle
suitable for adoption by ordinary men living the ordinary life of citizens, it seems to
me altogether pernicious, and utterly disastrous to the public welfare. It is mere
anarchy, and I have always regarded Tolstoy, its principal apostle, as very likely a
saint personally, but when he preaches his doctrines as a political propaganda and
recommends them for indiscriminate adoption, as the most dangerous enemy of
humanity. I have no manner of doubt that Governments and laws and police and
physical force are absolutely essential to average humanity, and are as truly “natural”
in their stage of development and as truly moral as eating and drinking and
propagating the species. To undermine them without being ready to substitute
something else a little better but still of the same character is simply to destroy the
possibility of all advance. Therefore, to my mind, such preaching is far more
injurious than more disloyalty, which after all only proposes to substitute another
Government. It is a fatal confusion to suppose that what is right for the saint is right
for everyone else. “Render unto Caesar the things that are Caesar’s and unto God the
things that are God’s.” When all humanity has reached sainthood Government will
become unnecessary but not till then. Meanwhile civilisation must be mended, not
ended. Even if as regards India you are right and Mrs. Besant is wrong, and it is really
the case that India should be deprived of the Government both of British rulers and of
Indian princes, and each man should be a law unto himself, I am at any rate quite clear
that for Western nations and for South Africa such ideas are fatal. It would, if true,
only illustrate how fundamental are the differences between Indian and European, and
would practically justify South Africa in taking extreme measures to get rid of the
Indian population. Has it not occurred to you that, if your ideas about India are
correct, your conclusion in Chapter XX that “deportation for life to the Andamans is
not enough expiation for the sin of encouraging European civilization” would apply
with great force to deportation from the Transvaal to Delagoa Bay or to India? I have
written at far too great a length, but you have raised very interesting and important
issues in your pamphlet and have asked me to criticise. Let me assure you that you and
others like you have my most sincere respect and most affectionate regard and

470 THE COLLECTED WORKS OF MAHATMA GANDHI


admiration, and that, as a matter of public duty, I shall continue to oppose both your
object and your methods to the utmost of my ability.

Yours very sincerely,


W. WYBERGH
PS.

As you once invited me to contribute to Indian Opinion an essay on passive


resistance, which at the time I was unable to do, it occurs to me that you might like to
publish this letter. If so, please do so.—W. W.

Indian Opinion, 21-5-1910

APPENDIX III

(i)

V. CHERTKOV’S LETTER TO GANDHIJI

My friend Leo Tolstoy has requested me to acknowledge the receipt of your


letter to him of August 15 and to translate into English his letter to you of September
7th (new style 20th September) written originally in Russian.
All that you communicate about Mr. Kallenbach has greatly interested
Tolstoy, who has also asked me to answer for him to Mr. Kallenbach’s letter.
Tolstoy sends you and your co-workers his heartiest greetings and warmest
wishes for the success of your work, his appreciation of which you will gather from
the enclosed translation of his letter to you. I must apologise for my mistakes in
English in the translation, but, living in the country in Russia, I am unable to profit
by the assistance of any Englishman for correcting my mistakes.
With Tolstoy’s permission, his letter to you will be published in a small
periodical printed by some friends of ours in London. A copy of the magazine with
the letter shall be forwarded to you, as also some English publications of Tolstoy’s
writings issued by The Free Age Press.
As it seems to me most desirable that more should be known in England about
your movement, I am writing to a great friend of mine and of Tolstoy—Mrs. Fyvie
Mayo1 of Glasgow—proposing that she should enter into communication with you.
She possesses considerable literary talent and is well known in England as an author.
It should be worth your while furnishing her with all your publications which might
serve her as material for an article upon your movement which, if published, in
England, would attract attention to your work and position. Mrs. Mayo will probably
write to you herself.

1
A journalist and translator of Tolstoy, she had written an article on the
Transvaal Indians’ struggle.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 471


With sincerest good wishes from myself. Kindly transmit to Mr. Kallenbach
the enclosed letter.
V. CHERTKOV

(ii)

TOLSTOY’S LETTER TO GANDHIJI1


“KOTCHETY”2 ,
RUSSIA,
September 7, 1910

I have received your journal Indian Opinion and I am happy to know all that is
written on non-resistance. I wish to communicate to you the thoughts which are
aroused in me by the reading of those articles.
The more I live—and specially now that I am approaching death—the more I
feel inclined to express to others the feelings which so strongly move my being, and
which, according to my opinion, are of great importance. That is, what one calls non-
resistance, is in reality nothing else but the discipline of love undeformed by false
interpretation. Love is the aspiration for communion and solidarity with other souls,
and that aspiration always liberates the source of noble activities. That love is the
supreme and unique law of human life, which everyone feels in the depth of one’s
soul. We find it manifested most clearly in the soul of the infants. Man feels it so
long as he is not blinded by the false doctrines of the world.
That law of love has been promulgated by all the philosophies—Indian,
Chinese, Hebrew, Greek and Roman. I think that it had been most clearly expressed
by Christ, who said that in that law is contained both the law and the Prophets. But he
has done more; anticipating the deformation to which that law is exposed, he
indicated directly the danger of such deformation which is natural to people who live
only for worldly interests. The danger consists precisely in permitting one’s self to
defend those interests by violence; that is to say, as he has expressed, returning blow
by blows, and taking back by force things that have been taken from us, and so forth.
Christ knew also, just as all reasonable human beings must know, that the
employment of violence is incompatible with love, which is the fundamental law of
life. He knew that, once violence is admitted, doesn’t matter in even a single case, the
law of love is thereby rendered futile. That is to say that the law of love ceases to
exist. The whole Christian civilisation, so brilliant in the exterior, has grown up on

1
An English translation by Pauline Padlashuk, Johannesburg, was published
in Indian Opinion, 26-11-1910, under the title “Count Tolstoy and Passive
Resistance: A Message to the Transvaal Indians”. A translation by Aylmer Maude is
also available in Tolstoy’s Recollections and Essays published by Oxford University
Press.
2
Castle of Tolstoy’s eldest daughter

472 THE COLLECTED WORKS OF MAHATMA GANDHI


this misunderstanding and this flagrant and strange contradiction, sometimes
conscious but mostly unconscious.
In reality, as soon as resistance is admitted by the side of love, love no longer
exists and cannot exist as the law of existence; and if the law of love cannot exist,
therein remains no other law except that of violence, that is, the right of the mighty.
It was thus that the Christian society has lived during these nineteen centuries. It is a
fact that all the time peoplewere following only violence in the organisation of
society. But the differencebetween the ideals of Christian peoples and that of other
nations lies only in this: that, in Christianity the law of love had been expressed so
clearly and definitely as has never been expressed in any other religious doctrine; that
the Christian world had solemnly accepted that law, although at the same time it had
permitted the employment of violence and on that violence it had constructed their
whole life. Consequently, the life of the Christian peoples is an absolute
contradiction between their profession and the basis of their life; contradiction
between love recognised as the law of life, and violence recognised as inevitable in
different departments of life: like Governments, Tribunals, Army, etc., which are
recognised and praised. That contradiction developed with the inner development of
the Christian world and has attained its paroxysm in recent days.
At present, the question poses itself evidently in the following manner: either
it must be admitted that we do not recognise any discipline, religious or moral, and
that we are guided in the organisation of life only by the law of force, or that all the
taxes that we exact by force, the judicial and police organisations and, above all, the
army must be abolished.
This spring, in the religious examination of a secondary school of girls in
Moscow, the Professor of Catechism as well as the Bishop had questioned the young
girls on the ten commandments and above all on the sixth “Thou shalt not kill”.
When the examiner received a good reply, the Bishop generally paused for another
question: Is killing proscribed by the sacred Law always and in all cases? And the
poor young girls perverted by their teachers must reply: No, not always; killing is
permitted during war, and for the execution of criminals. However, one of those
unfortunate girls, (what I relate is not a fiction but a fact that has been transmitted to
me by an eye-witness) having been asked the same question, “Is killing always a
crime?” was moved deeply, blushed and replied with decision “Yes, always.” To all
the sophisticated questions habitual to the Bishop, she replied with firm conviction:
killing is always forbidden in the Old Testament as well as by Christ who not only
forbids killing but all wickedness against our neighbours. In spite of all his
oratorical talent and all his imposing grandeur, the Bishop was obliged to beat a
retreat and the young girl came out victorious.
Yes, we can discuss in our journals the progress in aviation and such other
discoveries, the complicated diplomatic relations, the different clubs and alliances,
the so-called artistic creations, etc., and pass in silence what was affirmed by the
young girl. But silence is futile in such cases, because every one of this Christian

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 473


world is feeling the same, more or less vaguely, like that girl. Socialism,
Communism, Anarchism, Salvation Army, the growing criminalities, unemployment
and absurd luxuries of the rich, augmented without limit, and the awful misery of the
poor, the terribly increasing number of suicides—all these are the signs of that inner
contradiction which must be there and which cannot be resolved; and without doubt,
can only be resolved by acceptation of the law of love and by the rejection of all sorts
of violence. Consequently, your work in Transvaal, which seems to be far away from
the centre of our world, is yet the most fundamental and the most important to us
supplying the most weighty practical proof in which the world can now share and
with which must participate not only the Christians but all the peoples of the world.
I think that it would give you pleasure to know that with us in Russia, a similar
movement is also developing rapidly under the form of the refusal of military services
augmenting year after year. However small may be the number of your participators in
non-resistance and the number of those in Russia who refuse military service, both the
one and the other may assert with audacity that “God is with us” and “God is more
powerful than men”.
Between the confession of Christianity, even under the perverted form in
which it appears amongst us Christian peoples, and the simultaneous recognition of
the necessity of armies and of the preparation for killing on an ever-increasing scale,
there exists a contradiction so flagrant and crying that sooner or later, probably very
soon, it must invariably manifest itself in utter nakedness; and it will lead us either to
renounce the Christian religion, and to maintain the governmental power, or to
renounce the existence of the army and all the forms of violence which the state
supports and which are more or less necessary to sustain its power. That contradiction
is felt by all the governments, by your British Government as well as by our Russian
Government; and, therefore, by the spirit of conservatism natural to these
governments, the opposition is persecuted, as we find in Russia as well as in the
articles of your journal, more than any other anti-governmental activity. The
governments know from which direction comes the principal danger and try to defend
themselves with a great zeal in that trial not merely to preserve their interests but
actually to fight for their very existence.
With my perfect esteem,
LEO TOLSTOY

From Tolstoy and Gandhi by Dr. Kalidas Nag

APPENDIX IV

TRANSVAAL MINISTERS’ DECLARATION


In view of the gravity of the cases of the sons of Messrs Chhotabhai and
Tayob Haji Khan Mahomed, we give the following extracts from the Blue-book dated
October, 1908, containing “correspondence relating to legislation affecting Asiatics

474 THE COLLECTED WORKS OF MAHATMA GANDHI


in the Transvaal”:
EXTRACT FROM COLONIAL SECRETARY’S SPEECH ON THE SECOND READING OF
THE ASIATICS REGISTRATION AMENDMENT BILL, AUGUST, 1908

The third difficulty that they felt against Act 2 of 1907 referred to children. That
Act provided machinery under which it was necessary that not only the adult males but
also minors between the ages of 8 years and 16 years should register. There was no
special reason really for that provision that minors of those ages should be registered,
and, as a matter of fact, in the voluntary registration that had taken place I had adopted
an alternative procedure which was just as effective, viz., where the parent had been
registered, the names, ages, and description of the children up to the age of 16 were
inserted on each certificate, so that if a parent at any future date said he had five children
it would be quite easy from the certificate to identify these children. That was all that
was thought necessary, and that I embodied in the voluntary certificates, and therefore
there was no trouble in meeting the Asiatics [sic] and embodying them in the law. Hon.
members will see, that is the third innovation made in the Bill—that minors below
the age of 16 shall not be required to have certificates of administration, but shall be
taken up in the certificates of their parents.”
EXTRACTS FROM THE PRIME MINISTER’S MINUTE TO THE GOVERNOR,
DATED THE 5 TH SEPTEMBER, 1908

Nine points were raised by the Asiatics, and these were recorded in writing as
representing their final demands; and, after a discussion lasting some hours, it was
decided to meet their views as far as possible and to allow no opportunity for any
reasonable men to say that such views had not been met in the widest possible spirit.
The objections met were as follows:
(1) Alteration of the definition of the term “Asiatic” so that Mahomedan
subjects of the Turkish Dominions should not as expressed in Law 3 of
1885 be specially described as Asiatics.
(2) Unregistered Asiatics domiciled in the Transvaal for three years prior to
the 11th October, 1889, should be allowed to return and register
themselves, provided they made their applications within one year of
the coming into force of the new Act.
(3) The names of male minor Asiatics to be recorded on their parents’
certificates and their registration not to be required until they reached the
age of sixteen years.
(4) Thumb-impressions should not be required from applicants for trading
licences who could sign their names in English in formed handwriting.
(5) An appeal from the decision of the Registrar of Asiatics refusing to
register an applicant for registration should be allowed to a Magistrate
specially appointed to hear all such appeals.
(6) The provision in Act 2 of 1907 allowing Asiatics under certain
circumstances to acquire liquor should be deleted on the grounds that it

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 475


was contrary to the religion of the majority of the persons concerned to
consume the same.
(7) While Act 2 of 1907 was to remain on the Statute Book all Asiatics
holding Certificates of Registration under the Validating Act were to be
specially exempted from the provisions of the Asiatic Law Amendment
Act.
(8) Transfer of certain property in Pretoria to be allowed in favour of the
heirs of a deceased Indian named Aboobaker Amod who had acquired the
property before the passing of Law 3 of 1885.

The ninth subject of discussion was the fresh demand made for the immigration
of Asiatics not claiming previous domicile in the Transvaal but who could pass an
educational test. This is a claim which Ministers had previously decided was
inadmissible, and, even had it been otherwise, it is difficult to see by what means a
Bill providing for the immigration of Asiatics of the class in question could be passed
through either of the Houses of Parliament in view of the almost universal feeling of
the white Colonists on the subject. The Asiatic leaders were informed that in this
single respect, their wishes could not be met, and this was distinctly understood by
them. A Select Committee representing all parties in the Legislative Assembly was
then appointed to re-draft the Bill in accordance with the arrangement come to. The
Committee consisted of Sir Percy Fitzpatrick, Messrs Jacobsz, Chaplin, Wybergh,
and the Colonial Secretary and a copy of their report, dated the 20th ultimo,
submitting a new draft Bill is attached.
EXTRACT FROM THE REPORT OF THE ATTORNEY-GENERAL,
DATED 9 TH SEPTEMBER, 1908

IV. The minor Asiatic (i.e., a boy under sixteen) will be included in the
certificate of his parent or guardian. Under Act No. 2 of 1907, it was the duty of the
parent or guardian, if the child was under eight, to furnish the necessary particulars
relative to him, and when such child attained the age of eight to apply for registration
on his behalf. Under the New Act the child, when he attains the age of sixteen, will
have to apply for registration, and, if he attained that age while he was outside the
Colony and he desires to take up his residential rights (if any) in it he will have to
apply from a place outside the Colony but in South Africa.”

Indian Option, 10-9-1910

476 THE COLLECTED WORKS OF MAHATMA GANDHI


APPENDIX V

IMMIGRANTS’ RESTRICTION BILL


(1911)
Re-printed from “The Union of South Africa Government Gazette Extraordi-
nary”, dated the 25th February, 1911
GOVERNMENT NOTICE NO. 353 OF 1911

The subjoined Bill, “To Consolidate and Amend the Laws in force in the
various Provinces of the Union relating to Restrictions upon Immigration thereto, to
provide for the Establishment of an Union Immigration Department and to regulate
Immigration into the Union or any Province thereof”, is hereby published for general
information.
W. E. BOK,
SECRETARY TO THE PRIME MINISTER
PRIME MINISTER’S OFFICE,
CAPE TOWN, 24TH FEBRUARY, 1911
BILL
TO

Consolidate and Amend the Laws in force in the various Provinces of the Union
relating to Restrictions upon Immigration thereto, to provide for the Establishment
of an Union Immigration Department and to regulate Immigration into the Union or
any Province thereof.
To be introduced by The Minister of the Interior

Be it enacted by the King’s Most Excellent Majesty, the Senate, and the House
of Assembly of the Union of South Africa as follows:

PRELIMINARY

1. The laws mentioned in the First Schedule to this Act shall be and are hereby
repealed to the extent set out in the fourth column of that Schedule, together with so
much of any other law as may be repugnant to or inconsistent with the provisions of
this Act.
2. In this Act, and in the regulations made thereunder, unless inconsistent with
the context
“department” shall mean the Immigration Department established under
this Act;
“immigration officer” shall mean the chief immigration officer or any other
officer of the department, or any other person, whether an officer of the

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 477


department or not, on whom powers have been conferred or to whom
duties have been assigned by the Minister as to the carrying out of this
Act or the regulations;
“magistrate” shall mean a chief magistrate or a resident or assistant resident
magistrate;
“master”, in relation to a ship, shall mean any person (other than a pilot) for
the time being in charge or command of any ship;
“Minister” shall mean the Minister of the Interior, or any other Minister to
whom the Governor-General may assign the administration of this Act;
“owner”, in relation to a ship, shall, in addition to the actual owner, include
the charterer of the ship, or any agent within the Union of the owner or
charterer;
“police officer” shall mean any member of a police force established in the
Union under the authority of law;
“port” or “port of entry” shall mean.
(a) any place on the coast of the Union; or
(b) any railway station or place within the Union at or near any border thereof,
at which entry into the Union can be effected;
“regulation” shall mean a regulation made and in force under this Act;
“ship” shall include any vessel or boat of any kind whatsoever used in
navigation, whether propelled by sails, steam power, or other mechanical
means, or by towing or oars or in any other manner whatever.
THE IMMIGRATION DEPARTMENT
3.(1) The Governor-General may establish and, out of moneys voted by
Parliament for the purpose, maintain a department to be known as the Immigration
Department, which shall be under the control of the Minister.
(2) The function of the department shall be the performance of all work,
whether within or outside the Union, necessary for or incidental to the prevention of
the entrance of prohibited immigrants into the Union, or the entrance of persons into
any Province wherein their residence is unlawful, or necessary for or incidental to
their removal from the Union or any such Province. The department shall further carry
out any other powers and duties specially conferred or imposed upon it by this Act or
by regulation.
CHAPTER I

Prohibited Immigration
4. The entry into the Union by land or sea of any such person as is described in
this section (in this Act and the regulations referred to as a “prohibited immigrant”) is
forbidden, namely,
(a) any person who, when an immigration officer dictates to him not less
than fifty words in the language selected by such an officer, fails to write
out those words in that language to the satisfaction of that officer;

478 THE COLLECTED WORKS OF MAHATMA GANDHI


(b) any person who is likely, if he entered the Union, to become a public
charge, by reason of infirmity of mind or body, or because he is not in
possession for his own use of sufficient means to support himself and his
dependents;
(c) any person who, from information received from any Government
(whether British or foreign) through official or diplomatic channels, is
deemed by the Minister to be an undesirable inhabitant of or visitor to the
Union;
(d) any prostitute, or any person, male or female, who lives on or knowingly
receives any part of the earnings of prostitution or who procures women
for immoral purposes;
(e) any person who has been convicted in any country of any of the
following offences (unless he has received a free pardon therefor),
namely, murder, rape, arson, theft, receiving stolen goods knowing the
same to have been stolen, fraud, forgery or uttering forged documents
knowing the same to have been forged, counterfeiting coin or uttering
coin knowing the same to be counterfeit, house-breaking with intent to
commit an offence burglary, robbery with violence, threats by letter or
otherwise with intent to extort, or of any attempt to commit any such
offence, and by reason of the circumstances connected with the offence, is
deemed by the Minister to be an undesirable inhabitant of or visitor to the
Union;
(f) any idiot or epileptic, or any person who is insane or mentally deficient,
or any person who is deaf and dumb, or deaf and blind, or dumb and blind,
or otherwise physically afflicted, unless in any such case he or a person
accompanying him or some other person give security to the satisfaction
of the Minister for his permanent support in the Union, or for his
removal therefrom whenever required by the Minister;
(g) any person who is afflicted with leprosy or with any such infectious,
contageous or loathsome or other disease, as is defined by regulation, or
who is of a low or degenerate type of the human species.
PERSONS NOT PROHIBITED
5. The following persons or classes of persons shall not be prohibited
immigrants for the purposes of this Act, namely,
(a) any member of His Majesty’s Regular Naval or Military Forces;
(b) the officers and crew of a public ship of any foreign State;
(c) any person who is duly accredited to the Union by or under the
authority of His Majesty or the Government of any foreign State, or
the wife, family, staff or servants of any such person;
(d) any person who enters the Union, under such conditions as may be
prescribed from time to time in accordance with any law or under any

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 479


convention with the Government of a neighbouring territory or state
and who is not such a person as is described in paragraph (b), (c), (d),
(e), (f), or (g) of the last preceding section.
OFFENCES AND PENALTIES
6.(1) Every prohibited immigrant who, after the commencement of this Act,
enters or is found within the Union, shall be guilty of an offence and liable on
conviction
(a) to imprisonment with or without hard labour for a period not
exceeding three months without the option of a fine; and
(b) to be removed at any time by the Minister’s warrant from the
Union.
(2) Pending the removal, the prohibited immigrant may be detained in such
custody as may be prescribed by regulation.
(3) The prohibited immigrant may be discharged from the imprisonment or
custody aforesaid if security be given to the satisfaction of the Minister that the
prohibited immigrant will within one month leave the Union, and not return thereto.
(4) Every such sentence of imprisonment shall terminate as soon as the
prohibited immigrant is removed from the Union.
(5) Every officer in charge of a prison or gaol shall, if the warrant of removal
be produced to him, deliver the prisoner named therein to any police officer or
immigration officer, and the prisoner shall be deemed to be in lawful custody so long
as he is in the custody of any such police officer or immigration officer, or of any
police officer or immigration officer for the time being in possession of the warrant.
PROVINCIAL RESTRICTION
7. The provisions of the last preceding section shall apply mutatis mutandis in
respect of every person who, though domiciled in any Province, enters or is found in
any other Province in which, according to the provisions of any law in force at or
immediately prior to the commencement of this Act, he has unlawfully entered or has
been found to be residing unlawfully, and any such person shall, in respect of the said
other Province, be liable to be dealt with as in the last preceding section is described
and removed to the Province wherein he is domiciled. For the purposes of this Act
every such person shall be a prohibited immigrant in respect of the said other
Province.
TRADING LICENCES
8.(1) No prohibited immigrant shall be entitled to obtain a licence to carry on
any trade or calling in the Union or (as the case may be) in any Province wherein his
residence is unlawful or to acquire therein any interest in land, whether leasehold or
freehold.
(2) Any such licence (if obtained by a prohibited immigrant) or any contract,
deed or other document by which any such interest in land is acquired in contravention
of this section, shall, on conviction of the prohibited immigrant as such, be null and
void.

480 THE COLLECTED WORKS OF MAHATMA GANDHI


ARRESTS
9.(1) Every person who is suspected on reasonable grounds of being a
prohibited immigrant may be arrested without warrant by an immigration officer or
police officer, and shall be brought as soon as possible before a court of resident
magistrate to be dealt with according to law.
(2) Any magistrate may, if information on oath be laid before him that there is
upon any premises a named or described person reasonably suspected of being a
prohibited immigrant issue a warrant empowering a police officer of or above the rank
of sergeant to enter those promises and search for the person named or described in that
warrant, and arrest him.
PLEA OF IGNORANCE
10. No prohibited immigrant shall be exempt from the provisions of this Act
or the regulations, or be allowed to remain in the Union, or in any Province wherein
his residence is unlawful, by reason only that he had not been informed that he could
not enter the Union or (as the case may be) that Province, or that he had been allowed
to enter through oversight, misrepresentation, or owing to the fact having been
undiscovered that he was such a prohibited immigrant.
CHAPTER II
Special Powers for preventing entry of and dealing with Prohibited Immigrants at
Ports of Entry
11.(1) Any immigration officer may, as and when he deems fit, board any ship
which is entering or has entered a port.
(2) Any immigration officer may, whenever it is necessary for the more
effectual carrying out of this Act or the regulations, prohibit or regulate any
communication with, or landing on the shore from, any ship on which the
immigration officer is proceeding with the examination of persons or which has on
board or is suspected of having on board any prohibited immigrant, and the
immigration officer may take such steps to carry out any such prohibition or
regulation as the Minister may approve.
(3) Any immigration officer may order the master of any ship to moor or
anchor the ship at such distance from the shore or landing place or in such position as
the immigration officer may consider expedient for enabling the provisions of this
Act or the regulations to be carried out effectually.
DUTIES OF SHIPS’ CAPTAINS
12. It shall be the duty of the master of any ship which enters any port to
deliver to an immigration officer upon demand
(a) a list of all passengers on board the ship, classified according to
their respective ports of destination and specifying the class which
each such passenger has voyaged and such further particulars as may
be prescribed by regulation;

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 481


(b) a list of stowaways, if any have been discovered;
(e) a list of the crew and all persons (other than passengers or
stowaways) employed or carried on the ship in any capacity by or on
behalf of the owner;
(d) a certificate under the hand of the medical officer (if any) of the ship
or, if there be no medical officer, under his own hand, stating any
known cases of disease whether infectious or otherwise which have
occurred upon the voyage or any known cases of physical or mental,
infirmity or affliction, the names of the persons who have suffered or
are suffering therefrom and the nature in each case of the disease,
infirmity or affliction.
PLACE OF DETENTION
13.(1) If it appear to an immigration officer (whether upon the representation
of the master or otherwise) that any person prohibited from landing ought, for the
better carrying out of the objects and purposes of this Act, to be kept elsewhere than
on the ship which conveyed him, the immigration officer may cause him to be
removed in, custody from the ship and to be detained in any other place, whether
afloat or on shore, which may be appointed by the Minister for the detention of
prohibited immigrants.
(2) Every such person shall, while detained, whether on board the ship or at
any such other place aforesaid, be deemed to be in the custody of the master and not of
the immigration officer, and the master shall further be liable to pay the cost of the
landing; removal, detention, maintenance, and control of any such person while so
detained.
(3) As soon as the ship is about to sail (due notice whereof shall be given by
the master to the immigration officer) any prohibited immigrant removed under this
section from the ship shall, if the immigration officer so require, be placed thereon
again.
(4) The immigration officer may, prior to the said person being landed, require
the master or the owner of the ship to deposit a sum sufficient to cover any expense
that may be incurred by the department in connection with the landing, removal,
detention, maintenance and control aforesaid.
(5) If for any reason any such prohibited immigrant be not placed again on
the ship, in accordance with sub-section (3), the owner shall, without payment by the
Government, provide, at the request of the immigration officer, a passage with proper
food and accommodation, in another ship, for the prohibited immigrant to the place
at which he originally embarked.
(6) Any such person who escapes or attempts to escape from detention, while
being dealt with under the powers of this section, may be arrested without warrant,
and shall, in addition to any other offence which he may have committed under this
Act, be deemed to have committed an offence in respect of the escape or attempt to
escape.

482 THE COLLECTED WORKS OF MAHATMA GANDHI


FORFEITS
14.(1) If after a ship has arrived at any port, any prohibited immigrant lands
from the ship at that port without proper authority, the master or the owner shall
forfeit a sum to be fixed by the Minister but not exceeding one hundred pounds in
respect of every such prohibited immigrant.
(2) Until the sum so fixed has been paid and until the owner or the master has,
to the satisfaction of the immigration officer, provided for the removal from the
Union of every such prohibited immigrant, no clearance papers shall be given to the
master or to the owner.
(3) The ship may be declared executable by order of a Superior Court to satisfy
any forfeiture incurred under this section.

MEMBERS OF THE CREW

15.(1) On or after the arrival and again before the sailing of a ship at any port,
an immigration officer may require the master to muster his crew and may serve upon
him a list of such of the crew as are prohibited immigrants.
(2) If any of the crew, being prohibited immigrants, do not answer to the
names at the later muster, the master or the owner of the ship may be required before
the ship sails to deposit with the immigration officer a sum of twenty pounds in
respect of each such person so missing.
(3) Any such sum shall be forfeited to the Government unless the master or
owner prove to the satisfaction of the chief immigration officer, within six months
thereafter, that the person in respect of whom the sum was deposited is no longer in
the Union.
(4) Until any sum required under this section is deposited no clearance papers
shall be given to the master or owner.
(5) The ship may be declared executable by order of a Superior Court to satisfy
any forfeiture incurred under this section.

AN AGREEMENT

16. For the purpose of facilitating the clearance of ships habitually calling at
the various ports, the Minister may, in his discretion, enter into a bond or agreement
with the owner whereby the owner undertakes that he or the masters of ships
belonging to himand so calling at ports will carry out so much of the provisions of
the last two preceding sections as relate to the owner or the master, and thereupon the
provisions of the said bond or agreement shall be substituted for those sections so far
as they relate to the payment or deposit of moneys by the master or the owner.

CLEARANCE PAPERS

17. A port captain or harbour master shall not permit a ship to leave port or to
go to any outer harbour or anchorage unless clearance papers be produced to him.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 483


CHAPTER III
General and Miscellaneous
18. An immigration officer may require any person entering the Union to
make a declaration in the form prescribed by regulation that he, or any person
accompanying him, is not a prohibited immigrant and to state in the declaration such
further particulars as may be prescribed by regulation, and may require him to fill in
and complete in every respect that form and to produce, in support of the declaration,
documentary or other evidence.
Every such declaration shall be exempt from any stamp duty ordinarily
imposed by law on affidavits and solemn declarations, anything to the contrary
notwithstanding in any law in force in the Union relating to stamp duty.
Any person who fails on demand to comply with any provision of this section
or who declares upon the form anything as a fact or produces or gives such evidence as
aforesaid, which he knows to be false, shall be guilty of an offence.
PERSONAL EXAMINATION
19.(1) Every person entering the Union shall, if required, appear before an
immigration officer and furnish such information as is prescribed by this Act or the
regulations relative to his claim to enter the Union.
(2) Every person entering the Union who is on reasonable grounds suspected
of being afflicted with any disease or physical or mental infirmity which would under
this Act or the regulations render him a prohibited immigrant shall, if required by an
immigration officer, submit himself to examination by a medical practitioner
appointed by the Minister for the purpose.
AIDING AND ABETTING
20. Any person, who
(a) aids or abets any person in entering or remaining within the Union
or any Province in contravention of this Act or the regulations,
knowing that person to be prohibited from so entering or remaining;
(b) aids or abets a person ordered to be removed from the Union or any
Province in evading the order, or harbours any such person knowing
him to be the subject of any such order;
(c) for the purpose of entering the Union, or any province wherein his
residence is unlawful, or of assisting the entrance of any other
person, in contravention of this Act or the regulations, commits any
fraudulent act or makes any false representation by conduct,
statement or otherwise,
shall be guilty of an offence and liable on conviction to a fine not exceeding one
hundred pounds or, in default of payment, to imprisonment with or without hard
labour for a period not exceeding six months, or to such imprisonment without the
option of a fine.

484 THE COLLECTED WORKS OF MAHATMA GANDHI


IMMORAL AND OTHER OFFENCES
21. Any person, who
(a) has been convicted, whether before or after the commencement of
this Act, of a contravention of any of the provisions enumerated in
the Second Schedule thereto, or of any amendment of those
provisions;
(b)having been removed at the expense, either whole or partial, of any
Government from the Union or any part thereof now included in the
Union, or being the subject of an orderly under any law to leave the
Union or any part thereof now aded in the Union, returns thereto
without lawful authority, or has failed to comply with the terms of
any such order;
(c) having been refused by an immigration officer permission to enter
the Union or any Province, has entered the Union or that Province;
(d) admits to an immigration officer in a written document that he is a
prohibited immigrant either in the Union or in any Province,
may, if not already under detention, be arrested without warrant and removed from the
Union or (as the case may be) from the Province, by the Minister’s warrant and,
pending removal may be detained in such custody as may be prescribed by regulation.
DEPORTATION

22. Any person (not being a natural born British subject, or a person
naturalized in any part of His Majesty’s dominion), who, whether before or after the
commencement of this Act, if serving a sentence of imprisonment for any of the
offences mentioned in paragraph (e) of section four and who by reason of the
circumstances connected with the offence is deemed by the Minister to be an
undesirable inhabitant of the Union, may, during or at the expiration of his sentence,
be removed from the Union by the Minister’s warrant, and, pending removal, may be
detained in such custody as may be prescribed by regulation. The provisions of
sub-section (4) and (5) of section six shall be deemed to be incorporated mutatis
mutandis in this section.
THE BURDEN OF PROVING

23.(1) The burden of proving that a person has not entered or remained in the
Union or any Provinces in contravention of this Act or any regulation shall, in any
prosecution for or in respect of such a contravention, lie upon the accused person.
(2) Any order, warrant, or other document, which under this Act or the
regulations may be issued by the Minister, shall be good and effectual if signed by
any officer in the public service authorized by the Minister by notice in the Gazette to
sign such an order, warrant, or other document, and when so signed shall be evidence
in all courts of law and for other purposes that it was issued in accordance with the
provisions of this Act or the regulations.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 485


MAGISTRATES’ POWERS
24. A court of resident magistrate shall have special jurisdiction to impose the
maximum penalties provided for a contravention of this Act or the regulations,
anything to the contrary notwithstanding in any law relating to courts of resident
magistrate.
TEMPORARY PERMITS
25.(1) Anything to the contrary notwithstanding in this Act contained, the
Minister may in his discretion issue a temporary permit to any prohibited immigrant
to enter and reside in the Union or any particular Province upon such conditions as to
period of residence or otherwise as the Minister may in the permit specify.
(2) The Minister may also in his discretion issue a permit to any person who at
the commencement of this Act is lawfully resident in the Union or any Province and
who, desiring to proceed thereout with the intention of returning thereto, is for any
reason apprehensive that he will be unable to prove on his return that he is not a
prohibited immigrant. The permit in this sub-section mentioned shall expressly
authorise the person named therein to return to the Union or the particular Province
(as the case may be), but before issuing the permit the Minister shall require such
proof of the said person’s identity and such means of identification to be furnished as
may be prescribed by regulation.
AUTHORITY TO MAKE REGULATIONS

26.(1) The Governor-General may make regulations, not inconsistent with


this Act, prescribing
(a) the duties of immigration officer;
(b) the steps to be taken to prevent the entrance of prohibited
immigrants into the Union or the entrance of persons into any
Province in which their residence is unlawful;
(c) the times, places, and conduct of the enquiry or the examination,
medical or otherwise, of persons entering or desiring to enter the
Union or any Province or who, being found in the Union or any
Province, are suspected of being prohibited immigrants or
unlawfully resident therein;
(d) the procedure for, and the manner of, the detention of prohibited
immigrants and unlawful residents pending their removal from the
Union or any Province, and the procedure necessary for and the
manner of any such removal;
(e) lists of infectious, contagious, loathsome or other diseases, the
affliction with which will render a person a prohibited immigrant;
(f) the issue of permits described in the last preceding section, the
conditions upon which any such permit may be issued, the fees
which may be charged therefor, and the amount and the nature of the

486 THE COLLECTED WORKS OF MAHATMA GANDHI


security to be found for the due carrying out of any such conditions;
(g) the conditions under which prohibited immigrants may be allowed
to pass through the Union while journeying or being conveyed to a
place outside the Union or from one Province to another within the
Union;
(h) the forms of warrants, permits, certificates, declarations, books, or
other documents to be used, or to be made or kept, for the purposes
of this Act or the regulations, and the particulars to be inserted on
or in any such document;
and generally for the better carrying out of the objects and purposes of this Act.
(2) The regulations may provide penalties for the contravention thereof or
failure to comply therewith, not exceeding the penalties mentioned in the next
succeeding section.
PENALTIES
27. Any person, who—
(a) for the purpose of entering the Union or any particular Province, or
of remaining there in contravention of this Act or any other law, or
assisting any other person so to enter or so to remain, fabricates or
falsifies any permit or other document or utters, uses or attempts to
use any permit or other document which has not been issued by
lawful authority or which though issued by lawful authority, he is
not entitled to use or any fabricated or falsified permit or other
document knowing it to have been falsified; or
(b) fails to comply with or contravenes the conditions under which any
permit or other document has been issued to him under this Act or
the regulations; or
(c) obstructs, hinders, or opposes an immigration officer or police
officer in the execution of his duty under this Act or the regulations;
or
(d) contravenes or fails to comply with any provision of this Act or
the regulations for the contravention whereof or failure to comply
wherewith no penalty is specially provided;
shall be liable on conviction to a fine not exceeding fifty pounds, or, in default of
payment, to imprisonment with or without hard labour for a period not exceeding
three months, and, in the case of a contravention of paragraph (a) or (b) of this
section, to such imprisonment without the option of a fine.
TITLE OF THE ACT

28. This Act may be cited for all purposes as the Immigrants’ Restriction Act,
1911, and shall commence and come into operation on the first day of 1911.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 487


FIRST SCHEDULE
LAWS REPEALED

Province No. and Year of Law Title or Subject of Law Extent of Repeal

Cape of Act No. 30 of 1906 The Immigration Act, 1906 The whole
Good Hope
Natal Act No. 30 of 1903 The Immigration Restriction The whole
Act,1903
,, Act No. 3 of 1906 To Amend the Immigration The whole
Act, 1903
Transvaal Act No. 2 of 1907 The Asiatic Law Amendment The whole, except
Act, 1907 so far as it is
applicable to
the registration
of minors law-
fully resident in
the Transvaal
” Act No. 15 of 1907 The Immigrants’ Restriction The whole
Act, 1907
” Act No. 38 of 1908 The Immigrants’ Restriction The whole
Amendment Act, 1908
Orange Free Law No. 18 of 1899 The admission and expulsion The whole
State of aliens to and from
the Orange Free State
Ordinance No. 25 The Indemnity and Peace Sections nineteen
of 1902 Preservation to twenty-four,
Ordinance, 1902 inclusive

488 THE COLLECTED WORKS OF MAHATMA GANDHI


SECOND SCHEDULE

PROVISIONS REFERRED TO IN PARAGRAPH (a) OF SECTION TWENTY-ONE

Province No. and Year of Title or Subject of Law Section Contravened


Law
Cape of Act No. 36 of The Betting Houses, Sections twenty-two,
Good 1902 Gaming and Brothels thirty-one thirty-two and
Hope thirty-three
Natal Act No. 31 of The Criminal Law Sections three, thirteen,
1903 Amendment Act, 1903 fourteen and fifteen
Transvaal Ordinance No. The Immorality Ordinance, Sections three, thirteen,
46 of 1903 1903 fourteen and twenty-one
” Act No. 16 of The Criminal Law Section four and Section
1908 Amendment Act, five, paragraph (a)
Orange Free Ordinance No. The Suppression of Sections two , eleven,
State 11 of 1903 Brothels and Immorality twelve and thirteen
Ordinance, 1903, as
amended by Ordinance
No. 19 of 1908

Indian Opinion 4-3-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 489


APPENDIX VI

CAPE PETITION TO PARLIAMENT1

CAPE TOWN ,
March 15, 1911

1. At a public meeting of British Indians held on the 12th instant under the
auspices of, the above Association, a resolution was unanimously passed directing
your Petitioners to petition this Honourable House on the subject of the Immigrants’
Restriction Bill, 1911, at present before it.
2. Much as your Petitioners regret that the existing restrictions upon the free
movements between the Provinces of British Indians lawfully domiciled within the
Union are to be maintained, they recognise that they cannot reasonably close their
eyes to the popular prejudices that unhappily exist against their class and
consequently they accept this decision of the Government, fervently hoping that a
better understanding of them will at some future date lead to a removal of the
restrictions.
3. Your Petitioners earnestly desire however to bring to the notice of the
Honourable House the many respects in which their position as lawfully-domiciled
residents of this Province will be altered for the worse:
(a) Instead of their education test being, as it is under the existing
laws of the Province, one in an European language selected by the would-be
immigrant, the choice of the language is to be absolutely with the
Immigration Officer.
(b) The Immigration Officer is to be invested with other powers so
absolute as your Petitioners submit may possibly lead to serious cases of
hardship.
(c) The wives and minor children of lawfully-domiciled residents are
not protected from the danger of exclusion as prohibited immigrants.
(d) British Indians born in the Province and others
lawfully-domiciled therein who are temporarily abroad upon their return are
liable to be called upon to pass the education test and to be excluded in the
possible event of their failing.
(e) British Indians domiciled within the Province who desire to
absent themselves temporarily may be refused permits such as are now

1
This petition to the Legislative Assembly was presented to Parliament,
signed by Messrs Adam H. Gool Mahomed, Shamsudin Casimali and Abdul Hamid
Gool, M.B., in their capacities as Chairman and Joint Honorary Secretaries,
respectively, of the Cape British Indian Union.

490 THE COLLECTED WORKS OF MAHATMA GANDHI


granted them and thus either be prevented from attending to matters of
importance abroad or have to face the danger of rejection upon their return.
Your Petitioners humbly submit that certificates of domicile should be
granted to all applicants for them who shall prove residence in the Province
for a period to be specified.
(f) No right of appeal to the Courts of Law of the Union against the
decision, however arbitrary, of the Immigration Officer, is provided for in
the Bill under consideration.
4. Your Petitioners therefore humbly pray that this Honourable House will am-
end the Bill in terms of the above suggestions humbly and respectfully submitted and
thereby preserve the rights hitherto enjoyed by them under the Laws of the Union and
the Province, or grant such other relief as to this Honourable House may seem meet.

Indian Opinion, 25-3-1911

APPENDIX VII

LANE’S LETTER TO GANDHIJI


March 16, 1911
DEAR MR. GANDHI,

With reference to my telegram of the 4th instant, it was not meant to convey
to you the idea that Chapter XXXIII of the Orange Free State Laws would be cancelled.
No provision was made for this in the Schedule and it was never the intention of the
Government to repeal the Chapter.
An amendment will be moved which will, in effect, exempt the educated Indian
immigrants from registration under the Transvaal Act No. 36 of 1908. They will thus
have full power to reside and to travel in Cape Colony, Natal and the Transvaal, but
will not be able to reside in the Orange Free State without complying with the
provisions of the local law.
With regard to the second point you raised, I regret to say that the difficulty is
not appreciated by the department and perhaps you will be good enough to give a
more detailed expression of your views, when the matter will be again considered.

Indian Opinion, 25-3-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 491


APPENDIX VIII

TELEGRAM TO GANDHIJI FROM PRIVATE SECRETARY TO


MINISTER OF INTERIOR
March 24, 1911

YOUR LETTER OF 20TH AND TELEGRAM OF 22ND MARCH RECEIVED.


IN REPLY I AM DIRECTED TO INFORM YOU THAT THERE SEEMS
TO BE A WRONG IMPRESSION REGARDING MATTER MENTIONED BY
YOU. THERE WILL BE NO COLOUR OR RACIAL BAR OF ANY KIND
WHATSOEVER AT EARING IN IMMIGRATION BILL OR ANY AMENDMENT
WHICH GOVT. INTEND TO MOVE YOU HAVE REPEATEDLY STATED
THAT INDIAN COMMUNITY DESIRE AS A FINAL SETTLEMENT OF THE
ASIATIC QUESTION ONE REPEAL ACT 2 OF 1907 TWO EDUCATION
TEST FOR ALL UNDER A NEW IMMIGRATION ACT AND DIFFERENTIAL
ADMINISTRATION. NOT ONLY DOES GENL. SMUTS CONCEDE THESE
POINTS BUT HE GOES FURTHER AND PROPOSES TO EXEMPT EDUCATED
INDIANS ADMITTED UNDER NEW ACT FROM REGISTRATION IN TRANSVAAL
WHERE THE TROUBLE HAS ARISEN. HE WILL ALSO MOVE AMEND-
MENTS IN REGARD TO RIGHTS OF DOMICILED OR LAWFULLY RESIDENT
PERSONS WIVES AND MINORS WHICH WILL LEAVE THE RIGHTS OF
ASIATICS IN NATAL AND CAPE AS THEY ARE TODAY. YOU ARE
THEREFORE WRONG IN THINKING THAT THE POSITION OF ASIATICS IS
MADE WORSE UNDER THE PROPOSED BILL. THEIR EXISTING RIGHTS WILL
BE MAINTAINED EVERYWHERE AND NO STATUTORY DIFFERENTIATION
WILL BE MADE. IN REGARD TO YOUR CONTENTION CONCERNING THE
ORANGE FREE STATE GENERAL SMUTS HAS NOTHING TO SAY AND
PROPOSES LEAVING THE SITUATION AS IT EXISTS UNDER THE PRESENT
LAW OF THE PROVINCE. GENL. SMUTS ASKS ME TO SAY IN CON-
CLUSION THAT IN ACCORDANCE WITH THE STATEMENT IN THE FIRST
PARAGRAPH OF YOUR LETTER OF 4TH INST. HE HOPES YOU WILL
DO YOUR BEST TO SEIZE THE OPPORTUNITY THAT NOW OFFERS OF
BRINGING THE STRUGGLE TO A CLOSE AND WILL NOT RISK A
CONTINUATION OF THE PRESENT UNSATISFACTORY POSITION BY THE
ABSOLUTELY NEW CONTENTION REGARDING THE O. F. S. SUCH AN
ATTITUDE ON YOUR PART WILL HE FEARS EXASPERATE THE EURO-
PEAN COMMUNITY AND COMPLICATE THE POSITION STILL
FURTHER.

From a photostat of the original: S.N. 5350

492 THE COLLECTED WORKS OF MAHATMA GANDHI


APPENDIX IX

(i)
GENERAL SMUTS’ TELEGRAM TO HOSKEN
CAPE TOWN ,
March 24, 1911
I HAVE RECEIVED YOUR TELEGRAM. I VERY MUCH REGRET YOUR
ATTITUDE. THE INDIAN COMMUNITY HAVE NEVER SO MUCH AS EVEN
ASKED THAT EDUCATED INDIAN IMMIGRANTS SHOULD BE EXEMPT FROM
THE REGISTRATION LAWS OR SPECIAL LAWS OF THE PROVINCES. ALL
THEY HAVE ASKED IS PERMANENT RESIDENTIAL RIGHTS AS OPPOSED
TO MERELY TEMPORARY PERMITS. I NOW ENTIRELY OUT OF MY
OWN MOTION PROPOSE TO EXEMPT THEM FROM REGISTRATION UNDER
THE TRANSVAAL ACT AND AT ONCE IT IS DEMANDED THAT I
SHOULD ALSO EXEMPT THEM FROM THE O. F. S. LAW ON PAIN OF
THE PASSIVE RESISTANCE MOVEMENT BEING CONTINUED. YOU NOW IN-
FORM ME THAT THIS NEW DEPARTURE MEETS WITH YOUR APPROVAL.
I CAN ONLY EXPRESS MY REGRET AT YOUR ACTION WHICH I FEEL
IS ILL CONSIDERED AND MISCHIEVOUS. IT IS NOT YOU WHO WILL
SUFFER IN THE END BUT THE INDIAN COMMUNITY AGAINST WHOM
THE WHITE POPULATION IS BECOMING DAILY MORE EXASPERATED AND
DEMANDING EVEN MORE STRINGENT LEGISLATION. A GOLDEN CHANCE FOR
A FINAL SETTLEMENT IS NOW TO BE THROWN AWAY BECAUSE OF
THE ABSOLUTELY NEW CONTENTION THAT EDUCATED ASIATICS MUST
ALSO BE ADMITTED NOT ONLY INTO THE TRANSVAAL BUT THE
O. F. S. AS WELL.

From a photostat of the original: S.N. 5353


(ii)
HOSKEN’S TELEGRAM TO GENERAL SMUTS
INDIAN COMMUNITY HAS ALWAYS STOOD FOR THESE RIGHTS FOR PERMITTED
EDUCATED INDIANS. SEE MR. GANDHI’S LETTER IN LORD
CREWE’S DESPATCH. INDIANS HAVE ASKED NOT SO MUCH FOR PERMA-
NENT RESIDENTIAL RIGHTS EDUCATED ASIATICS AS FOR REMOVAL
OF COLOUR BAR REGARDING FREE STATE WE ONLY CLAIM
FULFILMENT POSITIVE COMMITMENT BY PRIME MINISTER IN [HIS]
DESPATCH 20TH DECEMBER. IS THAT PROMISE NOT STILL BINDING?
ON SECOND READING, DID YOU NOT MAKE SAME
PRONOUNCEMENT? AS QUESTION PRACTICAL POLITICS, PROBABLY
NOT ONE INDIAN WILL ATTEMPT TO ENTER FREE STATE,
BUT INDIAN COMMUNITY CANNOT ACCEPT COLOUR
DISABILITY. I AM MOST ANXIOUS PROMOTE PEACEFUL

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 493


SETTLEMENT IN INTERESTS SOUTH AFRICA AND EMPIRE.

From a photostat of the typescript: S.N. 5357

APPENDIX X

LANE’S LETTER TO GANDHIJI


CAPE TOWN ,
April 11, 1911
DEAR MR. GANDHI,

With reference to your visit here this afternoon, regarding the Immigration
Bill, I regret to inform you that at the present time General Smuts is not in a position
to be able to give you any information as to be the bill or to any modification that
may be made to it before it is again brought before Parliament. The whole matter is
still under consideration and is likely to be so until towards the end of the week.
Under these circumstances I am afraid that we cannot give you any outline which you
could use in your cable, and I can only suggest your cabling that your are in touch
with the department and that when they are able to communicate anything definite
you will again cable to India.
Believe me,
Yours faithfully,
EARNEST F. C. L ANE
M. K. GANDHI, ESQ.
CAPE TOWN
From a photostat of the original: S. N. 5451

APPENDIX XI
LANE’S LETTER TO GANDHIJI
CAPE TOWN ,
April 21, 1911
DEAR MR. GANDHI,

I am in receipt of your letters of the 19th and 20th April, in regard to the draft
Immigration Bill, and have submitted them both to the Minister.
General Smuts has asked me to say to you that he regrets that, in view of the
probable prorogation of Parliament early next week, it will not be possible for the
Government to proceed with Immigration legislation in any form this session.
The Government are keenly desirous of arriving at a solution of this vexed
question and in the recess they will go into the matter again and see what can be done
to secure a settlement.
In the meantime, General Smuts feels that the passive resistance movement,
which has caused and still continues to cause considerable suffering, might now well

494 THE COLLECTED WORKS OF MAHATMA GANDHI


be brought to a close. Its continuance only tends unnecessarily to complicate the
situation, and when the Government are endeavouring to fix a satisfactory solution of
the question of Indian immigration the Indian community should not embarrass
matter by maintaining their campaign.
General Smuts notes that Mrs. Sodha’s appeal comes up at Bloemfontein on
Saturday next, and requests me to say that your representations on her behalf are
receiving his favourable consideration.
Yours sincerely,
ERNEST F. C. L ANE
M. K. GANDHI, ESQ. PRIVATE SECRETARY TO
CAPE TOWN MINISTER OF THE INTERIOR

From a photostat of the original: S. N. 5491; also Indian Opinion,


29-4-1911

APPENDIX XII

UNION GOVERNMENT’S REASONS FOR DROPPING IMMIGRANTS’ RESTRICTION


BILL (1911)

PARAPHRASE OF GLADSTONE’S TELEGRAM TO HARCOURT


PRIVATE AND PERSONAL APRIL 12, 1911
URGENT

Immigration Bill. J. C. Smuts tells me this morning that Gandhi says that
passive resistance in Transvaal must continue if selected immigrants are not admitted
into Orange Free State. He wants J. C. Smuts to drop the Bill and substitute another
applying immigration proposals to Transvaal only. He says exclusion by Orange
Free State is absolutely inadmissible and that in addition the Bill causes new and
serious trouble in Cape of Good Hope and Natal.
J. C. Smuts says that he cannot shake Orange Free State members who are now
backed by a resolution of the Provincial Council. He says a new Bill in the last days
of the session is impossible and that in any case it is impossible to differentiate
Transvaal from Union and to set up new immigration machinery along its borders.
In these circumstances J. C. Smuts thinks best course is to drop the Bill and
endeavour to bring in a more acceptable measure next year. He thinks passive
resistance is almost at an end and that he could arrange a truce with Gandhi till fresh
Bill was introduced. At the same time he feels bound to proceed if you insist but he
thinks Indian Government dislike present Bill so much that are not likely to object to
the course which he proposes. But he would like to [have?] your views.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 495


I greatly regret delay involved but I cannot see any alternative course open to
less objection.
GLADSTONE
Colonial Office Records: C. O. 551/10
B

PARAPHRASE OF HARCOURT’S REPLY

Reference your private and personal telegram of April 12th Indian Government
are being consulted and I am anxious to learn their opinion before expressing my
views.
J. C. Smuts is, I presume, satisfied that he prevent a renewal of agitation by
Gandhi and that there is no likelihood of his action in dropping the Bill in deference
to Gandhi’s opposition leading to greater trouble in the future by enhancing Gandhi’s
prestige and his belief that he can dictate terms to the Union Government. Is J. C.
Smuts in a position to foresee that he could next year introduce a Bill which would be
more acceptable to Gandhi, as regards the two matters now objected to, than the
present one? Please let me know by what date you must receive an expression of my
views.
HARCOURT
Colonial Office Records: C. O. 551/10
C

BOTHA’S MINUTE FOR IMPERIAL GOVERNMENT


1
. . . Ministers had framed a measure which, while subjecting all immigrants
to an equal statutory test, gave large powers to the Immigration Officers similar to
those existing in Australia at the present time, under which all but a few selected
Asiatics—principally professional men—could be excluded from the Union. A
difficulty then arose in regard to the right of such Asiatics to enter the Orange Free
State after landing in the Union, and unanimous objection was made by all members
of Parliament representing Orange Free State constituencies to any educated Indians
being allowed to enter that Province. A strong resolution protesting against any
modification of the Orange Free State laws regarding Asiatics was also passed by the
Orange Free State Provincial Council.
The Indian community, on the other hand, stated that they accepted the draft
law as it stood, but that they would be compelled to continue their agitation in order
to secure that all educated Asiatics admitted in terms thereof should enjoy thesame
freedom in the Orange Free State as was contemplated that they should enjoy in all
other Provinces of the Union.
Ministers felt that as an alternative a Bill which referred only to the Transvaal
might be passed, but constitutional questions arose, and when it was, moreover, seen

1
The preceding paragraphs of this minute are not available.

496 THE COLLECTED WORKS OF MAHATMA GANDHI


that the main object of the Bill, namely, a settlement of the Indian immigration
question, would not be achieved, Ministers considered that the only course was to
drop the matter for the present and to endeavour during the recess to devise some
solution which would prove of a durable nature.
Ministers accordingly informed the leaders of the Indian community of the
position of affairs, and have some reason for hoping that the passive resistance
movement will be temporarily suspended pending the introduction of Immigration
legislation during the next session of Parliament.
Ministers desire to inform His Excellency, in conclusion, that it is with great
regret that they have been obliged to postpone the matter; but in view of the
objections to the proposed law which reached the Government from many quarters,
they felt that further consideration was essential, so that a settlement agreeable to all
parties might be arrived at.
LOUIS BOTHA
Cd. 6283
D
SMUTS’ SPEECH IN UNION PARLIAMENT
General Smuts said that before the Speaker left the chair he would like to say a few
words. He was sorry that this Bill, which was one of the most important and one of
the most valuable that had come before the House this session, would not be put on
the Statute-book; but hon. members would see that, owing to so much time having
been taken up with other very important and necessary legislation, it would not be
possible for them to go on with the Bill, and the matter of immigration would have to
stand over to be dealt with by legislation next year. When he introduced the second
reading of this Bill he stated that the Government had two objects in view. The first
was to secure uniformity in regard to the immigration laws of South Africa, and the
second was to effect some settlement of the Indian question, which had been one of
considerable anxiety and difficulty for some years past, and he laid on the table the
correspondence which had passed between the British Government and the Union
Government, in reference to the possibility of an early solution of those difficulties.
Although it was not possible to pass this Bill into law this session, and to carry into
effect the solution which was practically agreed upon between the British Government and
the Union Government, he was fairly hopeful, even apart from this legislation, of putting
a stop to passive resistance for the following twelve months, and of securing some peace
on this question in South Africa until Parliament had a chance of dealing with it next
session. That being so, there was no immediate necessity to deal with the question,
and it could very well stand over for mature consideration, and for more careful
thought in South Africa generally. The subject was a very important one. It dealt not
only with Indian immigration, but with all white immigration, and the delay in
proceeding with the Bill would probably tend to facilitate its passage through
Parliament, because more mature consideration would be given to it. He therefore
moved that the order be discharged and the Bill withdrawn.

Cape Times, 26-4-1911

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 497


APPENDIX XIII

LANE’S LETTER TO GANDHIJI


CAPE TOWN ,
April 22, 1911
DEAR MR. GANDHI,

I am in receipt of your letter of the 22nd of April, which was written in reply to
my letter of the 21st instant.
I have shown your letter to General Smuts and he has asked me to say that he
quite appreciates the spirit in which you write, and he has every hope that by
approaching this question in a conciliatory way a temporary solution may be arrived
at which will leave all concerned free to devote their energies to securing a more
lasting one.
I am authorized to say that the Minister intends introducing legislation during
the next session of Parliament to repeal Act 2 of 1907, subject to the reservation of
the rights of minor children. In devising such legislation the Minister intends to
introduce provisions giving legal equality for all immigrants, with, however,
differential treatment of an administrative as distinct from a statutory character.
In regard to the second point you raised, I am to say that in such proposed
legislation power will be taken to register all passive resisters who, but for their
present resistance, would have been entitled to register had they done so at the proper
time, nothing in Act No. 36 of 1908 withstanding.
Power will also be taken to regularize the issue at the present time of
temporary certificates, which the Minister is prepared to grant to the educated passive
resisters who are now in the Transvaal, but who are not registrable under the existing
Asiatic Acts. Their number is, I understand, not more than five or six at the outside.
These certificates would entitle the holders to remain in the Transvaal in anticipation
of the forthcoming legislation.
In conclusion, I am to say that if an assurance is given by you to the effect
that the community will suspend their passive resistance movement, the Minister
will ask His Excellency the Governor-General to consider favourably the question of
releasing passive resistance prisoners who are now undergoing sentence for
contravening the existing Asiatic legislation.
I hope that, after consultation with the Indian community, you will be able to
inform General Smuts on his return to Pretoria of the cessation of the passive
resistance, so that he may be able to assure His Majesty’s Government that the
leaders of the Indian community intend to co-operate with the Government with a

498 THE COLLECTED WORKS OF MAHATMA GANDHI


view to arriving at a definite solution of this question.
Believe me,
Yours sincerely,
ERNEST F. C. L ANE
M. K. GANDHI, ESQ. P RIVATE SECRETARY TO
CAPE TOWN MINISTER OF THE INTERIOR

From a photostat of the original: S.N. 5500; also Indian Opinion,


29- 4-1911

APPENDIX XIV

E. M. GORGES’ LETTER TO GANDHIJI


PRETORIA,
May 19, 1911
SIR,

With further reference to your letter of the 4th instant, I am directed by the
Hon. the Minister to inform you
(a) That Asiatics who were deported subsequent to the 1st January, 1908,
under Act 2/07 or 36/08, and who have valid claims to registration under
such Acts, but who have not yet applied owing to the passive resistance
movement will be permitted to make their applications not later than the
31st December next, subject of course to the provisions of the Acts and
Regulations.
(b) That Asiatics who, although not deported, left South Africa without
applying for registration owing to the passive resistance movement, and
who can prove that they have valid claims to registration, will also be
permitted to make their applications for registration in accordance with
the provisions of Act 2/07 or Act 36/08 and the Regulations made
thereunder, on or before the 31st December next, provided applications
under (a) and (b) do not exceed 30 in number.
(c) With regard to the fifth paragraph of your letter, it is understood there are
180 Indians and Chinese in South Africa, who were refused registration
under the voluntary system, and who have not yet made their applications
under Acts 2/07 or 36/08. In their respect I am to inform you that
provided a list of their names is furnished without unreasonable delay
opportunity will be afforded to them of making their applications not
later than the 31st December next, subject to the provisions of the Acts
named
(d) That the seven educated Indians now in the Transvaal and named by you
will receive temporary authorization to remain here pending alteration of

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 499


the law, when permanent documents will be issued to them authorizing
their residence in the Transvaal. Similar authority will also be given as a
special case to three educated Mahomedans. The proposed number of six
educated Indians per annum, whose immigration was previously agreed to,
will be adhered to in the future, the increase of the number to ten during
the current year being only due to the special circumstances of the case.
The Minister trusts that the acceptance of the requests now made will be
regarded by the Asiatic community as a final settlement of the questions involved. On
hearing from you to this effect the Department of Justice will be communicated with,
the object of procuring the release of passive resisters at present undergoing
confinement for contravention of he Asiatic Registration Acts.
Prisoners sentenced in connection with the possession of forged certificates
of or the use of certificates not issued to them cannot be released.
I have, etc.,
E. M. GORGES
ACTING SECRETARY FOR THE
INTERIOR

From a photostat of the original: S. N. 533; also Indian Opinion, 27-5-1911

APPENDIX XV

TELEGRAM TO GANDHIJI FROM SECRETARY FOR INTERIOR


PRETORIA,
May 20, 1911

WITH REFERENCE TO YOUR LETTER YESTERDAY AS CORRECTED BY


TELEPHONE TODAY THERE IS NO OBJECTION TO INCLUSION
AMONGST 180 ASIATICS DESCRIBED PARAGRAPH C OF MY
LETTER OF 19TH OF THOSE NOW IN SOUTH AFRICA WHO
FAILED TO APPLY WITHIN PROPER PERIOD FOR REGISTRATION
ON GROUNDS THREE YEARS PRE-WAR RESIDENCE IN TRANS-
VAAL. REGARDING QUESTION NUMBER ONE OF YOUR LETTER 29TH APRIL
WHILE IT IS NOT PROPOSED TO TAKE AWAY
ACTUALLY EXISTING RIGHTS OF INDIVIDUALS THE POSITIONS
IN THE VARIOUS PROVINCES WILL NO DOUBT BE AFFECTED
BY ANY LAW WHICH IS INTENDED TO BE GENERAL AND
UNIFORM FOR THE WHOLE UNION. QUESTION TWO DEALT WITH
ABOVE. QUESTIONS THREE AND FOUR WERE DEALT WITH
IN A AND B OF MY LETTER YESTERDAY. QUESTION FIVE
DEALT WITH PARAGRAPH D MY LETTER YESTERDAY. QUESTION SIX
NO FIXED STANDARD OF EDUCATION. QUESTION SEVEN WELL

500 THE COLLECTED WORKS OF MAHATMA GANDHI


EDUCATED REGISTERED ASIATICS NEED NOT GIVE FINGER OR
THUMB PRINTS WHEN TAKING OUT LICENCES. QUESTION EIGHT
WELL KNOWN REGISTERED ASIATICS NEED NOT GIVE FIN-
GER OR THUMB PRINTS WHEN TAKING OUT LICENCES PROVI-
DED THEY CAN SIGN NAMES CLEARLY IN ENGLISH.
From a photostat of the original as delivered: S. N. 5536; also Indian
Opinion, 27-5-1911

APPENDIX XVI

TRANSVAAL DRAFT LOCAL GOVERNMENT ORDINANCE, 1911


EXTRACTS AFFECTING ASIATICS

ASIATIC BAZAARS1

66. (1) The council may set apart, maintain, and carry on Bazaars or other
areas exclusively for occupation by Asiatics, and control and supervise the same in
the accordance with by-laws to be made from time to time by the council, and may
lease the land and any buildings or other erections thereon to Asiatics upon such
terms and at such rents as may be prescribed from time to time by such regulations.
(2) The provisions of sub-sections (4) to (7) inclusive of the last preceding
section shall mutatis mutandis apply for the purpose of enabling a council to close
such Bazaars and areas and lay out other land suitable for the same.
(3) The council shall not set apart, nor close, such Bazaars or other areas reserved
exclusively, for occupation by Asiatics without the approval and consent of
theGovernor-General, nor shall any by-law made under this section be of any force or
effect unless and until the approval and consent of the Governor-General shall have
been obtained thereto.

1
It was in April 1899 that the Kruger regime first decided to relegate Asiatics
to Locations and the power to regulate these was vested in the Town Councils; vide
“Memorial to Chamberlain”, 16-5-1899. In April 1903, the post-War British
Government under Lord Milner, Lieutenant-Governor of the Transvaal, issued the
Bazaar Notice; vide “British Undians in South Africa”, 12-4-1903 The power to
demarcate Bazaars was transferred to Town Councils by Ordinance in 1905; vide
“Asiatic Bazaars in the Transvaal”, 22-7-1905. Vide also “The British Indian
Association and Lord Milner”, 11-6-1903 & “Petition to Transvaal Governor”,
8-6-1903; “Petition to the Transvaal Council”, 8-12-1903, “Legislative activity in
the Transvaal”, 30-9-1905 & “Deputation to Lord Selborne”, 29-11-1905;
“Representation to Lord Elgin”, 31-10-1906 and “Fine on Indians”, 25-4-1908;
“Johannesburg Letter”, 16-5-1908; “Transvaal Municipal Consolidation Bill”,
23-5-1908 & “Petition to Transvaal Legislative Assembly”, 15-6-1908.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 501


67. (1) The council may grant leases of plots in any Native Location or
Asiatic Bazaar or township established by the council or under its control, for any
term not exceeding thirty-three years, in such from and subject to such conditions as
the Governor-General may approve.
(2) Any such lease shall be valid though not executed before a notary public, and
any such lease or a cession thereof shall be valid if registered in a register to be kept
by the council in accordance with regulation to be made by the Governor-General.
Any transfer duty or stamp duty payable on any such lease or cession thereof under
any law relating to transfer duty, or stamp duty, shall be paid in manner prescribe by
such regulations and the council shall account to the Minister of Finance for such duty
as is so payable.
SANITATION, ETC.

75. The council may from time to time make, alter and revoke by-laws for all
or any of the following purposes, namely;
(12) for licensing and regulating tea-rooms, cafes, restaurants, hotels, eating.,
boarding-and lodging-houses, and all purveyors of milk, dairies, milkshops, cow-
sheds, bakehouses, butchers’ shops, and all factories and places where articles of food
or drink are manufactured or prepared for sale or use, or sold;
(13) for licensing and regulating Kaffir eating-houses;
(14) for regulating and licensing pedlars and hawkers; provided that no person, who
sells only fresh farm-produce grown on land occupied by him, shall be required to take
out a pedlar’s or hawker’s license;
(15) for regulating or preventing the washing of clothes on public or private
premises, and licensing persons for washing and laundry work.
ASIATIC TEA-ROOMS1

88. The council may from time to time make, alter and revoke by-laws for all
or any of the following purposes, namely:
(6) for regulating and licensing Asiatic tea-rooms or eating-houses.
LICENCES

91. The council may refuse a licence in respect of any premises as a theatre,
music hall, public hall, concert room, or other place of amusement, or any premises
where articles of food of drink are sold, used or prepared for human consumption, or
any boarding or lodging houses or any premises for washing or laundry work, or to
license hawkers or pedlars on any of the grounds mentioned in the last preceding

1
It was in 1905 that a law was passed requiring all Indian hotel-keepers to
take out licences; vide “Indian Hotels in the Transvaal & “Legislative Activity in the
Transvaal”, 30-9-1905; “Letter to Town clerk”, 6-2-1907 & “Johannesburg Letter”,
9-2-1907 and “Petition to Transvaal Legislative Assembly”, 9-7-1907 &
“Johannesburg Letter”, 2-11-1907.

502 THE COLLECTED WORKS OF MAHATMA GANDHI


section, and also on one or more of the following grounds;
(a) that the applicant has failed to produce satisfactory evidence of good
character;
(b) that the premises in respect of which a license is sought or any adjacent
premises owned or occupied by the applicant are frequented by persons of
bad character;
(c) that the granting of such a license is, in respect of the premises for
which it is sought, calculated to cause nuisance or annoyance to persons
residing in the neighbourhood;
(d) that the granting of such a license would be contrary to the public
interest;
and no appeal shall lie against the refusal of the council to grant any such license.
92. The council may in respect of a license which it may grant under in
by-laws and which entitles the holders thereof to carry on any trade or business for
manufacturing, preparing, selling, or using articles of food and drink for human
consumption,
(a) impose conditions prohibiting or restricting the employment of
Native, Asiatic, or Coloured labour in the preparation of such articles of
food and drink;
(b) impose conditions prohibiting or restricting the employment on
premises, where articles of food and drink are sold, or females under the age
of sixteen years, or the employment on such premises of females after eight
o’clock at night;
provided that the conditions imposed by the council under this section shall be
clearly endorsed upon the licence and the licensee shall sign a duplicate of the form of
license containing such conditions. The council shall retain the duplicate so endorsed
and signed and the same shall, when produced before any court of law, be prima facie
evidence of the conditions imposed.
93. Anything to the contrary in this Ordinance notwithstanding, the
council may, in its discretion refuse to grant licences to the hauler of any jinricksha
or to the driver of any road locomotive, tram-car, omnibus, motor-car, cab, trolley, or
other vehicle playing for hire.
VOTERS’ ROLL1

114. Every white person, male or female, being a British subject of the age of
twenty-one years or upwards, who occupies and resides in premises within the
municipality of the gross annual value of twelve pounds and upwards, or who owns

1
The section, by omission, denies Indians the right to municipal franchise
from which Transvaal Indians were first debarred in 1903; vide “Petition to Natal
Legislature”, 10-6-1903; ”What is a Coolie”, 21-5-1904 and “Statemeent of
Transvaal Indian Case”, 16-7-1909.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 503


immovable property within the municipality in respect of which either erf tax or
assessment rate is payable or leviable, shall be entitled to be enrolled on the voters’
list for the municipality, provided that a husband and wife shall not both be entitled
to be enrolled on the voters’ list in respect of the same property.
TRAM-CARS
171. The council may, from time to time, make, alter, and revoke by-laws for
all or any of the following purposes:
(a) for regulating the use of any tramways established, acquired, or worked
by the council and for making charges in connection with the use of the
council’s tram-cars;
(b) for regulating the use of the council’s tram-cars by Natives and Asiatics
and prohibiting or restricting the use of such tram-cars by Natives, Asiatics,
and all persons who are not respectably dressed or well conducted;1
(c) for regulating the conditions of service and duties of persons employed
by the council in working tramways, and for imposing fines (by means of
stoppages of pay) on such persons for negligence, dereliction of duty, or
other offence prejudicial to the good and proper working of the tramway
system.
No such by-law shall be inconsistent with, contrary or repugnant to the
provisions of this Ordinance or of any other law in force within the municipality.
Indian Opinion, 10-6-1911
B

PETITION TO TRANSVAAL PROVINCIAL COUNCIL

J OHANNESBURG,
June 6, 1911
HON’BLE THE ADMINISTRATOR AND THE MEMBERS OF
THE PROVINCIAL COUNCIL OF THE TRANSVAAL
THE PETITION OF A. M. C ACHALIA IN HIS CAPACITY AS CHAIRMAN OF
THE BRITISH INDIAN ASSOCIATION

HUMBLY SHEWETH THAT

1. Your Petitioner has read the Draft Local Government Ordinance, 1911 2 ,

1
Vide “Letter to Town Clerk”, 10-2-1906; “A Reply to the Leader”,
16-2-1906; “Johannesburg Trams and Indians”, 17-2-1906; “Johannesburg Letter”,
26-2-1906; after 18-5-1906; 26-5-1906 & “Statement Presented to Constitution
Committee”, 29-5-1906; “Johannesburg Letter”, 25-5-1907; ”Petition to Transvaal
Legislative Assembly”, 15-6-1908 and “Letter to Private Secretary to Lord Morley”,
26-6-1909
2
The Transvaal Government had attempted a somewhat similar registration in

504 THE COLLECTED WORKS OF MAHATMA GANDHI


published in the Government Gazette of the 17th May, and observes with grave
misgivings that several of its clauses threaten the lawfully resident British Indians
with further serious disabilities.
2. Your Petitioner remarks that Sections 66 and 67 of the Ordinance empower
the Council to “set apart, maintain and carry on Bazaars or other areas exclusively for
occupation by Asiatics, and control . . . same in accordance with bye-laws to be made
from time to time by the council”, and that by subsection (3) of Section 66 the
Council may (subject to the approval and consent of the Governor-General) close
such ”Bazaars” after posting up a notice of their intention to do so, in a conspicuous
place. As to this, your Petitioner would observe that, apart from the general question
of segregation to which, on principle, your Petitioner takes exception, the powers
conferred are capable of being employed most detrimentally to British Indians,
especially those of the shop-keeping class who may establish themselves in such
Bazaars. The expansion of the towns has been followed almost invariably by the
closing of the “Bazaar” previously established and the consequent removal of its
occupants to another Bazaar located still further away from the town centres and
routes. This uncertainty of tenure militates against business enterprise and
prosperity, and constitutes a grave hardship to the British Indians who take up their
abode and callings in such “Bazaars”.
3. Section 75(12), (13) and (14) and Section 88(6) especially touch Asiatic
interests. Councils will, under these Sections continue to control eating-houses,
butchers’, Asiatic and Kaffir eating-houses, pedlars’, hawkers’, laundrymen’s and
laundry licenses; and your Petitioner observes that, while provision is made for
appeal to a Resident Magistrate against the refusal of Councils to grant other
business licences referred to in the measure, Section 91 expressly provides that “no
appeal shall lie against the refusal of the Council to grant any of the above licenses.”
The experience of British Indians in other Provinces of the Union where similar
uncontrolled power is or was invested in licensing boards or Councils prompts your
Petitioner to protest most earnestly against the express exclusion of the right of
appeal against arbitrary refusals to a properly constituted judicial tribunal, apart from
the fact that such a provision constitutes an infringement of the liberty of the
subject.
4. Your Petitioner further draws attention of this Hon’ble House to the fact that
there is now no occasion to provide for licensing Asiatic tea-rooms or eating-houses
as none such have existed after the withdrawal of the Chinese indentured labourers.
The wants of the small Asiatic community residing in this Province are supplied by
private boarding-houses.
5. Section 92 may, by penalizing the employment of Asiatic labour, work
serious hardships upon British Indians employed in useful industries, and in some

1908 but had to drop it. Vide “Johannesburg Letter”, 16-5-1908; “Transvaal
Municipal Consolidation Bill”, 23-5-1908; “Petition to Transvaal Leggislative
Assembly”, 15-6-1908 & “Johannesburg Letter”, 23-6-1908.

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 505


cases may result in deprivation of their means of livelihood, In the humble opinion
of your Petitioner, the discrimination against Asiatics expressed in this Section
should be deleted.
6. Your Petitioner further submits that the discretion vested in the Council in
regard to the granting or withholding of drivers’ licences (Section 93) should be
subject to a right of appeal to a judicial tribunal.
7. While your Petitioner’s community, bowing to the unhappy prejudice
against Asiatics existing in this Province, have not sought the political franchise,
they feel keenly the specific disability imposed upon their people by Section 114,
whereby they are precluded from being placed upon the Municipal Voters’ roll, a
disability shared by them with such white persons only as have been convicted of
serious criminal offences.
Your Petitioner would venture to remind this Hon’ble House that the Indians
are large contributors of Municipal rates, and, as statistics abundantly prove, are
among the most law-abiding sections of the populations, and therefore, ventures to
except to their being classed with white convicts.
8. Your Petitioner observes that Section 171(b) empowers the prohibition or
restriction of the use of tram-cars by “Natives, Asiatics and all persons who are not
respectably dressed or well conducted”. This restriction is at once humiliating and
inconvenient for the Asiatic communities, and, in your Petitioner’s humble opinion,
totally unwarranted.
9. In conclusion, your Petitioner earnestly calls the attention of this Hon’ble
House to the grievances above indicated and prays that the Draft Ordinance will be
amended so as to grant relief in the premises. And for this act of justice and mercy
your Petitioner shall, as in duty bound, for ever pray, etc.

A. M. C ACHALIA
CHAIRMAN,
BRITISH INDIAN ASSOCIATION

From Indian Opinion, 10-6-1911; also Colonial Office Records:


C. O. 552/22

506 THE COLLECTED WORKS OF MAHATMA GANDHI


APPENDIX XVII

S.A.B.I COMMITTEE’S LETTER TO COLONIAL OFFICE

THANET HOUSE,
231-232, S TRAND, W. C.,
June 17, 1911
THE UNDER-SECRETARY OF STATE
COLONIAL OFFICE, S. W.
SIR,

I have the honour to acknowledge the receipt of your letter No. 18542/1911 of
the 13th instant, inviting me—on behalf of the Secretary of State—to put before
him, in writing, any further observations that I may have to make in addition to those
already made to him formally by the Transvaal British Indian Association, of whichI
have received a copy. As, however, I have been deputed to speak on behalf to the
Cape and Natal Indians also, copies of whose memorials have been sent to me, I
propose with Mr. Secretary Harcourt’s permission, to deal generally with the
situation affecting the Indian communities of South Africa.
2. If one feeling more than another predominates in those communities it is
one of great unrest and insecurity. The Indians of South Africa realize that, but for the
frequent intervention of His Majesty’s Government on their behalf, their existence
would be scarcely tolerable, and it was with the gravest apprehension that they
watched the negotiations which culminated in the passing of the Act of Union. In the
Transvaal the Indians feared the extension of the operation of the principles
underlying the licensing laws of the Cape and Natal; in these Provinces the Indians
dreaded the adoption of the Location Registration and immigration laws of the
Transvaal. The tendency, ever since the Peace of Vereeniging, has been to equalize
the treatment of Indians through South Africa on the basis of its harshest aspect. The
Secretary of State will no doubt remember when, in 1903, Lord Milner issued his
Bazaar Notice, Natal hastened to follow suit. The drastic licensing law of Natal was
taken over by the Cape, and now attempts are being made to extend its operation to
the Transvaal also. It is strongly felt, therefore that if they desire to retain any civil
rights and privileges whatever, the Indians of South Africa must oppose a united front
to attacks that are being made with increasing frequency in all quarters of the Union
upon their vested interests. This was, in fact, one of the main reasons why, in various
ways, the Cape and Natal Indians so closely associated themselves with the claims of
their Transvaal brethren during the passive resistance struggle that is now suspended.
3. The great fear of the Transvaal Indians has ever been that attempts would be made
to render effective the provision of Law 3 of 1885 requiring residence in Locations. In
1903 the Transvaal Supreme Court held that trading licences must be issued to Indians
trading outside of Locations, and the Law contains no sanction for non-residence

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 507


therein, but the Vrededorp Stands Act was the first measure passed with the object of
compelling Indians to reside and trade in Locations. The Townships Act and Gold Law
have but fulfilled the Indians’ worst anticipation. Contracts between Europeans and
Indians conferring upon the latter the equitable ownership of fixed property, although
its nominal ownership is refused them by another provision of Law 3 of 1885, have
been recognized in the Transvaal Courts, as in the case of Syed Ismail and Another v.
S. Jacobs, N.O., but the new laws will result in the penalizing of European registered
owners and of the Indian equitable owners, the former, like myself, being liable to a
heavy fine for permitting Indian Coloured persons to reside on their own premises,
and the latter to the confiscation of the property which is virtually theirs. The net
effect of these several enactments is to shake the security of Indian investments and
the compulsory segregation of Indian traders in Locations where no business can be
done, and where they will be unable to hold any relations with their present clientele.
Many hundreds of them will be ruined and obliged to leave the country for losses
incurred through no fault of their own. Very many of those affected, though
sympathizing with and materially assisting the passive resisters, have themselves
taken no active part in the struggle, but if these measures become effective, as there is
every reason to fear they will, I have very little doubt but that a much more embittered
struggle will commence than that which it is hoped is now happily over, for all
sections of the community are likely to unite in lively opposition to these attempts
to ruin them. The policy that is being pursued is not merely one of pinpricks, but one
calculated to oblige lawfully resident Indians, who cannot be removed in any other
way, to leave the country, apparently of their own accord, because conditions are no
longer bearable for them.
4. Very much the same may be said in regard to the Cape and Natal Indian
communities. The Cape Immigration law has been used to diminish the already
diminishing numbers of resident Indians. Cases have occurred very recently where
advantage has been taken of the over-staying by two or three days of the period of the
permit of absence, to exclude Indians who have been long resident in the Province
and who, in some cases, still have businesses there. The Cape Law, unlike that of
Natal, contains no definition of domicile, and great hardship constantly results from
its administration. Indeed, in both these Provinces, it is the belief of the Indian
community that immigration administration is most harsh and unsympathetic and
that the officials appear to act upon the assumption that it is their duty, upon any
colourable pretext, to prevent the re-entry of an Indian already resident therein. The
immigration officers frequently act in a most arbitrary manner, and, as Mr. Secretary
Harcourt will no doubt see from cables dated the 14th instant, in contempt and
defiance of orders of the Courts, but it is not every Indian sufferer who can afford to
seek the protection of the Provincial Courts, and there is no doubt that great hardship
has been inflicted upon many inoffensive people by the high-handed methods of the
immigration officers both of the Cape and Natal. The Cape Indians suggest that
provision should be made in any alteration of the Provincial immigration laws for the
creation of Immigration Boards superior to the Immigration officials, and that

508 THE COLLECTED WORKS OF MAHATMA GANDHI


Indians should have effective representation thereon.
5. The Licensing laws continue to bear most heavily upon Indian traders and
hawkers. Licensing officers in the Coast Provinces have adopted the policy of
“weeding out” Indian traders for a variety of amazing reasons, and sometimes for no
reason at all. At the Cape hundreds of Indian hawkers have been ruined and may Indian
firms employing them have had to close down. In Natal, the amending law of 1909,
whilst it has undoubtedly been of great service to the Indiancommunity in
preventing, to some extent, the flagrant injustice of the past, has induced the
licensing authorities to seek other means of depriving licensing-holders [sic] of their
means of livelihood. Where the Indian trader has entered into a compromise with his
creditors, though the only method by the which he could satisfy them was by
continuing his trade, he has been refused the re-issue of his licence. If he has desired
to transfer his business to other premises, he has been refused the necessary
endorsement upon his licence. If he has wished to take a partner the partnership has
been prohibited by the licensing officer. If he has desired his son to take over the
business this has been denied to him and attempts have been made to confine the
duration of a licence to the lifetime of a holder, so that a son may not succeed his
father. Transfers of licences, even to Colonial-born Indian, are almost impossible. It
is difficult, indeed, to know what is to be the future of the Colonial-born Indians if
they are to have one avenue of advancement after another closed to them, as is
threatened. In view of the fact that the resident Indian community is not likely to be
added to in the future, it is held by the Cape and Natal Indians that these restrictions
upon Indian trade should be removed at an early date; but as against this, avowedly
with the object of punishing the Indian trading community for the part that they are
supposed to have taken in the stoppage of Indentured labour supplies by the
Government of India, Mr. G. H. Hulett, recently procured the passing of the
resolution, in the Natal Provincial Council, asking for the transfer of licensing
matters to the cognizance of the Council instead of the Union Parliament, which can
alone, at present, legislate thereon. The Natal Indians have strongly protested
against any such procedure, basing their protest upon the effective provisions of
Section 147 of the South Africa Act. I have the honour to enclose herewith, for Mr.
Secretary Harcourt’s further information, a copy of the transactions of the Natal
Indian Congress thereon.
6. A very bitter feeling has spread throughout the Indian community of South
Africa by reason of the £3 annual tax imposed upon ex-indentured Indian men, women
and children, the tax upon women and children being especially resented by, and
offending the feelings of, the Indian community, who urge that these, at least, should
be exempt from taxation, and protected from the evil results that are admitted to flow
from such imposts. The amending act of 1910 has but slightly improved the
situation. Whilst some magistrates occasionally grant a complete exemption to
particular individuals, others grant temporary exemptions for a limited period, whilst
others, again, grant no exemption at all, but give very brief periods of grace for
payment, and in default thereof, sentence the unfortunate women to imprisonment

VOL. 11 : 11 APRIL, 1910 - 12 JULY, 1911 509


with hard labour. It is perhaps unnecessary for me to dwell upon the economic and
social evils that must naturally ensue from this enforced payment.
7. The Cape and Natal Indians were much gratified to peruse the despatches
addressed by Mr. Secretary Harcourt to the Governor-General of the Union of South
Africa, in which the Secretary of State declared that, in a settlement of
Transvaalcontroversy, Cape and Natal Indians’ rights and privileges should not be
diminished. Unfortunately, the Bill presented to Parliament in the last session
materially affected, to their disadvantage, Indian interests, and it is very gravely
feared that the Bill that it is proposed to introduce next year will not contain all the
safeguards that are necessary. It is urged that statutory domicile should be defined as
in the present Natal law, that the existing tests should not be made more severe, and
that Indian traders should retain the right that they already possess to procure
necessary clerical and other confidential assistance from India. I am specially
instructed and authorized to request that the Secretary of State will most carefully
examine any proposed immigration legislation in order to avoid the infliction of
grave injury and injustice upon Indian residents in these Provinces.
8. South African Indians have two serious general causes of complaint. The
first is that attempts are being made, by legislation, virtually anti-Asiatic, but
couched in language that would make it appear to be of general application, to defeat
the purpose of the safeguards contained in Section 147 of the South Africa Act. The
second is that, whilst the legislation itself may be acceptable, the regulations framed
thereunder, and which very seldom come before Parliament for sanction, not
infrequently contain provisions of a highly objectionable racial character.
9. I very much fear that I have to a great extent reiterated what has already been
said on the subject of the South African Indian grievances, but I have thought it
better, in view of the nearness of the debate upon the treatment of Indians resident in
the self-governing dominions, at the Imperial Conference, and of the fact that I shall
be unable to discuss the situation personally with the Secretary of State, to err on the
side of repetition rather than that any matter referred to herein should not be
sufficiently elaborated. Should there be any information that I may be able to furnish
him with, in addition to whatever is already in the possession of Mr. Secretary
Harcourt, I shall be most happy to place myself at his disposal.

I have, etc.,
Your most obedient servant,
H. S. L. P OLAK

Colonial Office Records: C. O. 551/22

510 THE COLLECTED WORKS OF MAHATMA GANDHI

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